Chris Prescott

The Affidavit of support is filed to establish willingness and ability to financially support your immigrant spouse or family member.  By filling this form, you are declaring to USCIS that the intending immigrant (and joining family member) will not become a public charge.  As the Petitioner of the immigrant, you are required to submit this...

PERM is an acronym for the “Program Electronic Review Management” system established under the Department of Labor (DOL) regulations. It is a critical component of the employment-based immigration process, as it initiates the journey toward lawful permanent residency for foreign nationals through employment. This process, which includes both PERMs and audits, is essential for ensuring...

COVID-19 has taken its toll on the labor market, resulting in millions of people losing their job.  Unfortunately for those on a nonimmigrant visa such as an H-1B, the clock starts ticking on their last day of work.  H-1B holders generally have 60 days or until the end of their authorized stay, whichever is shorter,...

(Updated 02/25/2021) For the past several years we have been publishing articles with the intent of keeping the Immigration Community fully informed.  However, for most of these articles we have had to be the bearer of bad news.  Under the Trump administration every change or measure was an attempt to restrict Immigration in some way,...

On January 15 DHS released the text of a new rule which will change the way USCIS will determine whether an Employer/Employee relationship will exist.  Furthermore, on the same day, DOL also released a memo that now interprets the regulations to require end-clients to also file an H-1B petition. USCIS had previously relied on two...

Employers filing H-1B petitions need to be aware of the 240- day rule as it applies to filing H-1B extensions, as this rule allows employees to continue to work beyond the expiration of their authorized stay. This rule is particularly important when an Employer is filing an H-1B extension either when premium processing is unavailable...

DOL is publishing its Prevailing Wage Rule on January 14, 2021.  This rule previously went into effect on October 8, 2020, without any notice and significantly increased the DOL wages.  For further details of this rule please refer to our previous article, published on October 9, 2020. https://patel-law-group.local/dols-interim-final-rule-implements-higher-prevailing-wage-rates/ After the above rule was published, we...

Trump has one foot out of the door, but that doesn’t mean that he is done with issuing unlawful and discriminatory Immigration policies. In April and June of last year, Trump issued two Presidential Proclamations suspending the entry of certain immigrants and non-immigrants into the US.  The second Proclamation extended the suspension through Dec 31,...