Premium Processing is an optional service offered by U.S. Citizenship and Immigration Services (USCIS) that allows certain immigration petitions to be adjudicated on an expedited timeline in exchange for an additional government filing fee. When Premium Processing is requested, USCIS guarantees action on the case by issuing an approval, denial, request for evidence (RFE), or...
PERM/I-140/I-485 Information
Our firm has recently seen a notable increase in Requests for Evidence (RFEs) in I-140 petitions where the beneficiary is being paid at or above the proffered wage, yet USCIS continues to question ability to pay based on negative net income reflected on the employer’s tax returns. While submission of tax returns is required under...
The Supreme Court has declined to review a long-running legal challenge to the work authorization program for spouses of H-1B visa holders, known as the H-4 EAD. On October 14, 2025, the Court refused to take up Save Jobs USA v. U.S. Department of Homeland Security, effectively ending the case and leaving in place the...
Jul222024
The Foreign Labor Application Gateway, commonly known as FLAG, is the centralized hub for all immigration-related processes concerning employment-based applications, including PERM processing. FLAG serves as a comprehensive platform for submitting and managing prevailing wage requests, Labor Condition Applications (LCAs), and other essential immigration documentation. FLAG recently updated its processing times and unfortunately, they remain...
The Visa Bulletin is a critical resource for anyone seeking to immigrate to the United States. This monthly publication, issued by the US Department of State (DOS), provides valuable information on the availability of immigrant visas for individuals from various countries and categories. Understanding the Visa Bulletin and its complex system of priority dates and...
USCIS has released a new version of Form I-485, which must be used from December 23, 2022. This form can be found at: https://www.uscis.gov/sites/default/files/document/forms/i-485.pdf This form is intended for preview only and should not be submitted prior to December 23, 2022. This form becomes mandatory on the aforementioned date which means that the current version...
On August 19, 2022, the Department of Labor stated it would no longer recognize the Accrediting Council for Independent Colleges (ACICS) as an accrediting agency. This announcement affects English language study programs and F-1 students applying for STEM OPT extensions. SEVP will notify students if their school is affected by the above and strongly encourage...
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...