Employment-Based Immigration

In a long-awaited decision, a federal judge has declared the Trump administration’s attempt to impose a $100k fee on certain H-1B workers to be unlawful. Last September, the immigration community was shell-shocked when the Trump administration announced a $100k fee applicable to certain H-1B workers. Practitioners, employers, and employees initially scrambled to understand what the...

Whether you are petitioning for an internationally recognized artist under O-1B or for the essential support personnel who make that artist’s work possible under O-2, one phrase tends to appear at the center of nearly every Request for Evidence (RFE): critical role.  For O-2 petitions in particular, proving that a foreign national plays a critical...

In yet another attempt to create fear and chaos within the immigration community, USCIS released a memo right before the long weekend reminding its officers that adjustment of status is a form of extraordinary relief. This comes despite decades of USCIS routinely adjudicating and approving adjustment of status applications as a normal part of the...

A single improper signature could now cost you your filing fee, your case, and precious time. On May 11, 2026, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule that fundamentally changes how USCIS handles signature defects on immigration forms. Effective July 10, 2026, the rule gives USCIS officers explicit authority to...

Over the past year, I have seen a growing number of highly educated, accomplished, and genuinely talented professionals assume they qualify for EB-1A classification simply because they have a strong résumé. That is not enough. In 2026, USCIS is scrutinizing EB-1A petitions far more aggressively than it did several years ago. Many denials are not...

H-1B Wage Compliance, Benching, Unpaid Leave and the Cost of Getting It Wrong By Chris Prescott | PSBP Law | April 29, 2026 Most companies that sponsor H-1B workers think of the Labor Condition Application (“LCA”) as a piece of paperwork. They sign it, post it, file it with USCIS, and move on. Then a...

Obtener estatus como un residente permanente es un logro significativo. Sin embargo, el estatus de residente permanente legal (“residentes”) conlleva una condición importante: la expectativa de que usted realmente residirá en los Estados Unidos. Si pasa períodos prolongados fuera del país sin planear adecuadamente, podría regresar y encontrarse con que su estatus de residente permanente...

Obtaining a green card is a significant milestone, one that most people have worked toward for months or years. But lawful permanent resident (LPR) status comes with an important condition: the expectation that you will actually reside in the United States. If you spend extended periods outside the country without proper planning, you may be...