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Tag: I-140

  • New Asylum Program Fee

    Last month, USCIS announced a final rule, which adjusts certain immigration and naturalization benefit request fees for the first time since 2016. This final rule goes into effect on April 1, 2024. Included in this final rule is a new Asylum Program Fee of $600 that employers will have to pay if they file either […]
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  • NIW vs. PERM Labor Certification: Differences, Pros & Cons

    If you’re considering applying for an employment-based green card, you may wonder what the differences are between the PERM labor certification process and the National Interest Waiver (NIW). The two processes are designed to meet different criteria. Generally, applying for either an EB-2 or EB-3 visa requires a specific job offer and a PERM labor […]
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  • Updated “Ability to Pay” Requirement for Employment-Based Visas

    U.S. Citizenship and Immigration Services (USCIS) has recently issued updated policy guidance regarding the analysis of an employer’s ability to pay the proffered wage for immigrant petitions in certain employment-based visa classifications. This guidance, effective as of January 5, 2024, particularly addresses instances where a sponsored worker is changing employers under the American Competitiveness in […]
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  • Inflation Adjustment to Premium Processing Fees

    U.S. Citizenship and Immigration Services (USCIS) has introduced a final rule detailing an adjustment in the filing fee for Form I-907, Request for Premium Processing, to adjust for inflation. Under the USCIS Stabilization Act, the current premium processing fees were established, along with the authority for the Department of Homeland Security (DHS) to biennially adjust […]
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  • USCIS Releases Policy Guidance on Employment Authorization in Compelling Circumstances

    United States Citizenship and Immigration Services (USCIS) recently released policy guidance on the eligibility criteria for initial and renewal applications for Employment Authorization Documents (EADs) in compelling circumstances. This new guidance aims to provide clarity on the existing regulatory requirements and outlines the eligibility criteria for applicants seeking employment authorization under compelling circumstances.  Eligibility Requirements […]
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  • USCIS Guidance on Analyzing Employers’ Ability to Pay Wages

    U.S. Citizenship and Immigration Services (USCIS) recently issued a policy guidance regarding how it analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications. This guidance is effective immediately. Employers seeking to classify prospective or current employees under the first, second, and […]
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  • Tech Layoffs and Compelling Circumstances EAD

    Recent widespread layoffs, primarily in the technology sector, have left many H-1B workers and other nonimmigrant workers with questions regarding their options to lawfully remain in the United States after being terminated. In response to the increasing number of layoffs, U.S. Citizenship and Immigration Services (USCIS) released an update on the options for nonimmigrant workers […]
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  • Premium Processing Expansions for Certain Visas

    On January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing its final phase of premium processing expansion for Form I-140, Immigration Petition for Alien Workers, under the EB-1 and EB-2 preference categories. This final phase applies to all new (initial) petitions, in addition to all previously filed Form I-140 petitions […]
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  • USCIS: Humanitarian Services and Backlog Reduction

    Recently, U.S. Citizenship and Immigration Services (USCIS) released its Fiscal Year (FY) 2022 progress report, which identified its effective backlog reduction in certain programs and how it has supported various humanitarian missions. Specifically, the report summarized the numerous steps that USCIS has taken, including the strengthening of its fiscal stability and implementation of adjudicatory efficiencies, […]
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  • USCIS to Implement Next Phase of Premium Processing for Certain Previously Filed EB-1 & EB-2 Form I-140 Petitions

    Since June 1, 2022, U.S. Citizenship and Immigration Services (USCIS) has phased in an expansion of premium processing services. This expansion is part of USCIS’s efforts to increase efficiency and reduce burdens to the overall legal immigration system. The third phase of this expansion began September 15, 2022. In this phase USCIS will accept Form […]
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