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Category: Work In The US

  • Foundation of the PERM Process: Skills & Business Necessity

    For a PERM green card case, it is important to confirm the educational requirements and a specific list of skills that a prospective candidate must possess to perform the job. These requirements and skills and will lead to the Department of Labor’s determination of the prevailing wage rate, and even more importantly, drive the recruitment […]
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  • Executive Order Overview: L-1 Visa

    In today’s video, our Associate Attorney, Zach Ahlstrom, discusses the impact of President Trump’s executive order on certain nonimmigrant visa categories. One of these categories is the L-1 visa. However, as Canadians are visa-exempt, Canadians are still eligible to apply for and renew L-1 status at the border. When the executive order was initially issued […]
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  • TN Spotlight: Management Consultant

    The TN category permits citizens of Canada and Mexico to enter the U.S. to provide prearranged professional services to a U.S. entity. Under the regulations, there are 63 professional occupations under which an individual may qualify. One of these occupations is “Management Consultant.” How to Qualify as a Management Consultant To qualify for TN status […]
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  • Temporary Freeze to the Public Charge Rule

    On July 29, 2020 a federal judge for the Southern District of New York issued two rulings that put a temporary freeze on the Public Charge Rule, as implemented by the Trump Administration on February 24, 2020, while a national health emergency is in place. What is the Public Charge Rule? The Public Charge Rule […]
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  • Determining a Prevailing Wage for PERM

    Once a job description and requirements have been hammered down, the next step in the PERM process is to obtain a prevailing wage determination from the U.S. Department of Labor (DOL). The Immigration and Nationality Act (INA) requires that the hiring of a foreign worker will not adversely affect the wages and working conditions of […]
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  • Delay in Employment Authorization Documents (EADs) & Lawful Permanent Resident (LPR) Cards

    Approximately 50,000 green cards and 75,000 employment authorization documents for approved cases have still not been printed as of July 16, 2020. Reasons for this reportedly vary from COVID-19 related delays, limited financial and personnel resources within USCIS, and current administration policies. In a statement dated July 21 by the USCIS Ombudsman, the agency states that it […]
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  • Navigating the PERM Recruitment Process

    One of the key points within the PERM process is the recruitment phase. The recruitment process is an essential step to the PERM process because it tests the labor market to prove there are no authorized and qualified U.S. workers available for the job an employer is trying to hire a foreign national to fill. […]
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  • TN Spotlight: Disaster Relief Insurance Claims Adjuster

    The TN category permits citizens of Canada and Mexico to enter the U.S. to provide prearranged professional services to a U.S. entity. Under the regulations, there are 63 professional occupations under which an individual may qualify. One such occupation is a disaster relief insurance claims adjuster.  How to Qualify as a TN Disaster Relief Insurance […]
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  • How to Fix U.S. Immigration Once & For All

    Every four years, the U.S. presidential candidates promise to “fix immigration.” And yet, they have all failed miserably despite their political affiliation. Why? To start, U.S. immigration law is a political nightmare. The current law, which hasn’t been changed since 1997, doesn’t accurately address the realities of U.S. labour needs of 2020. Despite this, no […]
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  • Applying Discretion in USCIS Adjudications

    USCIS issued a Policy Alert on July 15, 2020 regarding Officer’s use of discretion in adjudicating petitions and applications.  This policy alert comes after President Trump’s June 22, 2020 Proclamation addressing the Department of Homeland Security’s administration of employment authorizations. In response, USCIS has consolidated the existing guidelines of the policy into their Policy Manual.  […]
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