Green Card Ability to Pay And Covid-19 Downturn

For any company wishing to sponsor an employment-based green card, that company must show an “ability to pay” the offered wage of the sponsored employee. Practically, this “ability” must be shown from the day the Labor Certification is filed (i.e....

EB-1C: Multinational Manager and Executive Immigrant Petitions

EB-1C petitions are filed by employers on behalf of certain employees who are multinational managers or executives. In many respects, the EB-1C classification is similar to the L-1A classification. It should be noted, however, that an L-1A approval...

50,000 Indians Would Die Waiting for Employment-Based Green Card

There has been a great deal of attention given to the problems in our immigration system. Much of that attention has been focused on the portion of the system that deals with undocumented persons, the detention system, and the effect it has on people’s...

Downgrading your I-140: When one step back can be two steps forward

          Due to significant backlogging of employment-based visa priority dates, for certain individuals it may be of benefit to choose a lower-tiered employment-based visa category to expedite an individual’s ability to file for adjustment of status...

What happens when an I-140 is withdrawn?

When an I-140 is withdrawn, the petitioning company generally avoids any liability they have would toward that I-140 petition, particularly as it relates to ability to pay the Labor Certification wage. Thus, once a company withdraws an I-140 petition--regardless...

Bill Eliminating Employment-Based Per Country Cap Up for Vote in Senate

As you may recall, the Fairness for High-Skilled Immigrants Act of 2019, H.R. 1044, passed the House on July 10, 2019.  According to the summary of this bill on Congress.gov, this bill increases the per-country cap on family-based immigrant visas from...

EB-2 vs. EB-3: Foreign Degree Equivalencies

Most if not all prospective employment-based immigrants have a robust education and experience background. Often, that education was obtained from a university in a foreign country. However, owing to certain government regulations, in many instances...

Is Your Child Aging Out?

The term “aging out” occurs when a “child” applies for an adjustment of status and/or an extension of nonimmigrant status, but during the adjudication of the application the “child” turns 21 years old and is no longer eligible to receive the requested...

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