Category Archives: Employment-Based Immigration

  1. Prevailing Wage And PERM Processing Times Update

    PERM is the first step in the green card process for most employment-based applicants.  This requires the employer to conduct a recruitment campaign in good faith to demonstrate that there are no available, willing and qualified US workers to fill the position in question. To submit a PERM application (ETA 9089) the employer is first…

  2. H-1B / LCA Fact Sheet

  3. USCIS Expected To Use All Available Employment Based Green Cards This Fiscal Year

    Last year USCIS came under heavy criticism for failing to issue all available employment-based green cards.  Due to the pandemic, most Consulates were closed or operating at a reduced capacity which meant that unused family-based visas rolled over into the employment-based green cards.  This was great news. Typically, there are 140,000 employment-based green cards available…

  4. USCIS Extends Flexibilities For Responding To Various Agency Requests And Permanently Allows Scanned Signatures

    During COVID, USCIS had allowed applicants an additional 60 days to respond to certain requests, notices, and appeals, such as RFEs, NOIDs etc.  However, USCIS recently stated that this would no longer be the case, which meant that applicants would need to respond by the date stated on the notice.  Days later USCIS has once…

  5. OFLC To Implement New SOC Codes and Publish New Wages On July 1, 2022

    The Office of Foreign Labor certification (OFLC) is set to implement the 2018 Standard Occupational Classification (SOC) codes on July 1, 2022. Any Labor condition applications (LCAs) submitted prior to July 1, 2022, will be adjudicated based on the 2010 SOC codes.  Any applications submitted after July 1, 2022, will be based on the new…

  6. PERM Processing Times

    The PERM also known as the Labor certification is the first step in the employment-based green card process. The PERM process starts with the employer conducting a recruitment campaign.  Alongside this it is also necessary for the employer to submit a request for the prevailing wage from the Department of Labor (DOL).  As part of…

  7. Things I Learned At The AILA Conference

    Every year the American Immigration Lawyers Association (AILA) hold a national conference where seasoned Attorneys and government officials impart their knowledge and experience to a room full of Immigration Attorneys. I was fortunate enough to attend the conference last week in my all-time favorite city of New York.  It was a 4-day event and over…

  8. USCIS Expands Premium Processing For Certain EB-1c and EB-2 NIW Applications

    Our readers will be aware that back in April USCIS announced that they would expand premium processing to applications that do not currently qualify.  This expansion will be applied in a phased approach as follows: As of June 1, 2022, USCIS will allow premium processing of EB-1C applications for managers/executives. This applies to applications received…

  9. How To Demonstrate That You Qualify As A Manager/Executive For L-1A purposes

    L-1A filings allow a foreign employer to transfer a manager/executive to their US office provided there is a qualifying relationship between the two entities (parent, subsidiary, affiliate, or branch). This can be an existing office, provided there are 3-5 employees to manage, or it can be a new office.  For a new office filing, the…

  10. Is An H-1B Amendment Really Required?

    So, you have been approved for an H-1B and without notice, the project you are working on suddenly comes to an end.  There is another project available, however, is it necessary for your employer to file an H-1B amendment before starting at the new location?  The answer is maybe. The regulations state that an H-1B…

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