Employment-Based Immigration

As many of you are already aware, the delayed October 2020 visa bulletin is finally out and it is good news.  This fiscal year, there are 261,500 employment-based visas, compared to the usual allotted 140,000.  This is as a direct result of an infusion of the unused family-based numbers from FY2020.  USCIS has also confirmed...

As many of you are well aware, USCIS processing times seem to be getting longer and longer for a variety of cases.  A potential way around these long processing times is to submit an expedite request. To qualify for an expedite, you must meet one of the following criteria: Severe financial loss to a company...

One of the requirements to obtain an I-140 approval is that the Employer demonstrates the financial ability to pay the proffered wage from the priority date until the foreign national receives their green card, showcasing their capability in proving financial ability. The priority date for EB-2 and EB-3 is established based on the date the...

Pursuant to the Immigration Reform and Control Act of 1986 (IRCA), Employers are required to complete and retain an I-9, Employment Eligibility Verification for each employee who is hired for employment, with limited exceptions which will be discussed below. IRCA specifically prohibits Employers from knowingly employing individuals who are not authorized to work in the...

Department of Homeland Security (DOL) and Department of Labor (DOL) to join forces to investigate H-1B violations On June 22 President Trump issued a proclamation suspending entry of non-immigrants into the U.S., namely those seeking to enter on an H-1B, H-2B, H-4, J or L visa. This proclamation also required the Secretary of Labor and...

On Monday, July 6, 2020 SEVP (Student and Exchange Visitor Program (a division of ICE) announced that students taking a full online course load in the fall semester are not allowed to remain in the US. This new rule was a departure from a previous exemption announced in March 2020, allowing students to study online...

Having had a week to reflect on the proclamation I felt that it was necessary to write a second article about the potential implications and to answer some of the common questions that clients have been asking us about the proclamation.  My first article focused on the proclamation’s immediate impact on non-immigrant workers.  For details...

60 days after suspending the issuance of green cards President Trump has now extended this order to include H-1Bs and a number of other visa categories. While many argue that the revival of the U.S. economy will depend on the help of Immigrants, this is not something which Trump can put into a slogan to...