Category Archives: Employment-Based Immigration

  1. 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…

  2. 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…

  3. 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…

  4. 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…

  5. 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…

  6. 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…

  7. USCIS Extends Certain Employment Authorizations Up To 540 days 

    Rather than adjudicate cases faster USCIS is extending certain employment authorizations up to 540 days.  This is a clear sign that faster adjudication times are still a distant promise and further evidence that USCIS continues to be incompetent.  I remember the days when USCIS had a 90- day turn around policy for issuing EAD cards. …

  8. Not Selected In The H-1B Lottery? Is Day 1 CPT The Only Option?

    Prefer a Video Format? See the video below to learn more about this article?   It’s that time of year again when I find myself speaking to people who have not been selected in the lottery and need to consult with PLG to find out whether they have any other options.  The majority of people…

  9. USCIS Claims It Will Adjudicate Cases Faster And Expands Premium Processing

    For a long time, processing times for applications filed at USCIS have been spiraling out of control and certain applications do not qualify for premium processing. For example, the current processing time for EB-5 cases is 47-71 months!  Imagine investing over half a million dollars, paying a $3,675 filing fee and then having to wait…

  10. Permitted Activities On A Visitor Visa

    There are two types of visitor visas, namely: B-1- This is a business visa. B-2- this is a tourist visa. Not everyone visiting the U.S. needs to have a visitor visa.  For example, there are several countries like the UK and Australia that participate in the Visa Waiver Program (VWP), also commonly referred to as…

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