The Department of Labor has taken an important procedural step toward revising wage rules for the H-1B nonimmigrant visa program and the PERM labor certification process. A proposed rule has now been cleared by the Office of Management and Budget, signaling that formal publication is likely next. The proposal has not yet been released publicly,...
PERM Labor certification/I-140/I-485 Processing
Feb182026
En inmigración familiar, su peticionario puede ser toda la diferencia. Entender quién es su peticionario puede ayudarle a establecer expectativas y planear su estrategia migratoria. ¿Quién es el peticionario? Inmigración basada en la familia suele comenzar con un peticionario. El peticionario puede ser un ciudadano estadounidense o un residente permanente legal que presenta una petición...
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...
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...
In the current administration, reports have surfaced highlighting an increase in cases of administrative processing. Both visa applicants and legal experts are voicing growing concerns over the extended delays experienced in the visa adjudication process due to this administrative procedure. This article aims to elucidate the nature of administrative processing, explore the different categories it...
The first step to initiating an employer sponsored green card is to request the prevailing wage as part of the PERM process. This requires setting out the job duties and minimum requirements so that the Department of Labor can determine the wage. These prevailing wage determinations (PWDs) are now taking 5-6 months. In the past...
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...