Skip to main content

Tag: I140

  • EB-2 National Interest Waiver Green Cards

    The employment-based second preference immigrant visa (EB-2) is reserved for individuals holding advanced degrees or for those who possess exceptional ability. Generally, EB-2 petitions must be accompanied by an approved labor certification from the Department of Labor. That lengthy process, however, can be waived by requesting a National Interest Waiver (NIW). A NIW permits an […]

    Read More
  • FAQ October 2020 Visa Bulletin

    On September 24, 2020, the Department of State (DOS) released the highly-anticipated October 2020 Visa Bulletin. The Visa Bulletin, released monthly by the DOS, provides updated dates on when a foreign national can submit their Adjustment of Status (AOS) application or have their AOS case adjudicated. The submission of an AOS application is the final step […]

    Read More
  • Job Portability: Understanding “Same or Similar” in an I-140 World

    Sometimes, foreign nationals wish to take a new position with their same employer or even with a different company during the green card process. This may be permitted so long as the new job offer is in the “same or a similar” occupational classification as the job offer for which the Form I-140 petition was […]

    Read More
  • Form I-140: Immigrant Petition for Employment-based Green Cards – Approval and Revocation

    Once the PERM process is complete and the PERM has been certified by DOL, the sponsoring employer next files Form I-140, Immigrant Petition for Alien Worker with U.S. Citizenship & Immigration Services (USCIS). The petitioner must provide evidence that the applicant holds the qualifying educational credentials and skills requirements, and that the company has the […]

    Read More
  • Visa Bulletin, Priority Dates, & PERMs

    In PERM green card cases, you might often hear the term “priority date.”  So what exactly is that, and how does it relate to the Visa Bulletin? Well, the number of employment-based green cards issued each year is limited to a statutory threshold. Since there are more people who apply than the number of immigrant visas […]

    Read More
  • 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 […]

    Read More
  • 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 […]

    Read More
  • 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. […]

    Read More
  • Immigration Updates from USCIS, CBP, DOS, and DOL due to COVID-19

    COVID-19 is having a vast impact on immigration operations across all government agencies. To help navigate these challenges, Berardi Immigration Law is providing a summary with the most recent updates from US Citizenship and Immigration Services, Customs and Border Protection, the Department of State, and the Department of Labor.  Updates from USCIS  Premium processing suspended […]

    Read More
  • 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, […]

    Read More