Effective October 2, USCIS will require filing fees for I-765 and I-131 applications filed based on an I-485 adjustment of status application. These applications, when approved, provide the applicant with an Employment Authorization Document (EAD)...
The State Department recently announced that there will be an additional 60,000 to 100,000 green cards allocated to the employment-based immigrant category for fiscal year 2021, which begins October 1, 2020. This has led to much speculation regarding...
President Trump signed an executive order titled, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” The order comes on the heels of a very dramatic...
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 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...
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...
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...
When an I-140 is withdrawn, the petitioning company generally avoids any liability they have would toward that I-140 petition, particularly as it relates to ability to pay the Labor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...
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...
Individuals from those countries facing a Green Card backlog are required to wait years, if not decades, for the Visa Bulletin to inform that priority dates are current and that individual can finally file for a long sought-after Green Card. In that...
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...
With respect to the employment-based immigration system, a means to drastically reduce the green card waiting period is for the government to eliminate the per-country cap numerical limitation. In February 2019, Utah Senator Mike Lee introduced to...
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...