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Tag: I-140

  • Navigating Labor Certifications for I-140 Petitions: A Guide for Employers

    Before being able to file an I-140, Immigrant Petition for Alien Workers, USCIS now requires that employers obtain a labor certification from the Department of Labor. Under Schedule A, the DOL has two designated groups of occupations: registered nurses and physical therapists (Group I); and beneficiaries with exceptional ability in the performing arts, or the […]
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  • Green Card Backlogs & the Visa Bulletin: Breaking Down the Basics for Employment-based Applicants

    When you’re told you are subject to a green card backlog, especially in the context of employment-based immigration, it means there is a delay or wait time before you will receive your physical green card. The U.S. limits the number of employment-based green cards issued each year, and the backlog occurs because the demand for […]
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  • 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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