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Category: Green Cards

  • Tips for Drafting the PERM Job Description

    The PERM green card process is quite a time-consuming and expensive investment that requires technical review and thoughtful strategizing at the outset. The full PERM process itself before filing an I-140 petition takes months, typically at least six to eight at a minimum.  When working with my clients, we spend a good amount of time […]

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  • PERM & I-140 Work Experience Letters

    At the I-140 stage of filing a PERM green card, employees must prove that they gained the required work experience and skills noted on the certified PERM.  How do they do it? With work experience and employment confirmation letters from their former employers. USCIS is pretty nit-picky with these letters. The best kind of evidence is […]

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  • What Exactly is the Purpose of PERM in the Green Card Process?

    PERM is an electronically-filed, attestation-based application filed with the U.S. Department of Labor (DOL) by an employer who wishes to sponsor a foreign national for an employment-based green card. The PERM exists as a way for the DOL to help make sure that employers are not using the immigration system to take jobs from U.S. […]

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  • PERM Audits: Common Issues & Red Flags

    To combat fraud by employers utilizing the PERM process, the Department of Labor (DOL) will sometimes audit the case.  There are two types of audits that can occur during processing: A random audit may occur by unplanned chance as a DOL mechanism to ensure that the electronic PERM system is not being abused by employers. A targeted audit occurs when […]

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  • Recruitment for PERM Green Card Cases

    When a U.S. employer sponsors a foreign worker for a green card through the PERM process, the employer is required to undertake numerous tasks to prove to the Department of Labor that the foreign worker will not displace any American worker by taking the permanent job being offered to them. In all PERM cases, there […]

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  • Important Changes to the Public Charge Rule

    In this post, Berardi Immigration Law attorney Zach Ahlstrom talks about the public charge rule changes that went into effect on February 24, 2020. Please note that this blog posts covers the same content as the video below. The U.S. immigration system is grounded in the concept of self-sufficiency. It has long been understood that […]

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  • New Public Charge Rule: How Will It Work?

    On February 24, 2020, U.S. Citizenship and Immigration Services (USCIS) began implementing the “Inadmissibility on Public Charge Grounds” final rule nationwide.  USCIS will apply this final rule to all applications and petitions postmarked (or, in applicable, submitted electronically) on or after that date.  USCIS will reject any affected applications or petition that does not adhere to the […]

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  • Employment Based Visas

    Every fiscal year, approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of US immigration law. Employment based immigrant visas are divided into five preference categories. These five preference categories include priority workers and persons with extraordinary ability, professionals holding advanced degrees and persons of exceptional ability, skilled workers, professionals, […]

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  • New EB-5 Rule Nearly Doubles Minimum Investment

    USCIS has recently published a final regulation changing the EB-5 Program that awards permanent resident status to certain investors who create at least ten new jobs for U.S. workers. This new EB-5 rule will be effective for I-526 filings arriving at USCIS on or after November 21, 2019. The new EB-5 investments must be at least $900,000...

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  • USCIS Proposes Filing Fee Increases

    On November 14, 2019, United States Citizenship and Immigration Services (USCIS) issued a proposed regulation, which would substantially increase the filing fees for many types of immigration benefits. The agency’s notice of proposed rulemaking, which is published in the Federal Register, explains that the proposed regulation would increase costs for most petitioners and applicants...

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