Employment-Based Immigration

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...

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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...

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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...

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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...

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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...

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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...

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Welcome to our guide on securing H-1B approval beyond the 6-year limit. This resource explores strategies and options to extend your H-1B status. It gives valuable insights for navigating this key part of the visa process. An individual on H-1B visa may only stay for 6 years. This limit also applies to spouses and children...

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There are a number of potential employment options for International students on an F-1 student visa to gain work experience that is directly related to their field of study. On-campus employment On-campus employment is permitted once classes have started provided it is on the school’s premises or at an off-campus location that is educationally affiliated...

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