Chris Prescott

Applicants filing Form I-90, to replace their green card, will now receive a receipt notice extending their status for 24 months.  This is effective as of September 26, 2022 and replaces USCIS’s previous policy of only issuing 12-month receipt notices.    While helpful for applicants, this is yet another sign that USCIS is struggling to adjudicate...

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Form I-9 is used by U.S. employers to verify the identity and employment authorization of new employees and must require one for each individual hired. Employees attest to the fact that they are authorized to work and must present acceptable documents to evidence this.  The employer is required to examine these documents to make sure...

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If you are reading this article, you may not be familiar with the H-2B program.  This is entirely different from the H-1B program and allows employers to hire non-professional workers to fill positions in, but not limited to, landscaping, grounds maintenance, construction, and hospitality. If your business has been affected by the ongoing labor shortage,...

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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...

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Most of you will recall the Trump Era public charge rule, from 2019, which caused chaos and uncertainty and tremendous amounts of paperwork for both applicants and their Attorneys.  This was another attempt by the former President to reduce Immigration by denying Immigration benefits to those who rely on Government aid. For a recap of...

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Last year USCIS came under heavy criticism for failing to issue all available employment-based green cards.  Due to the pandemic, most Consulates were closed or operating at a reduced capacity which meant that unused family-based visas rolled over into the employment-based green cards.  This was great news. Typically, there are 140,000 employment-based green cards available...

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