14 May 2018

Qualifying for EB-2 Beyond the Advanced Degree – Exceptional Ability

There are 5 Employment Based immigrant visa preference categories that individuals may use to obtain lawful permanent residence (green card) in the United States. Frequently, individuals are sponsored for the Employment Based Second Preference category, referred to as “EB-2”.

Often, individuals qualify for the EB-2 category based on a U.S. advanced degree or its foreign equivalent (or a U.S. Bachelor’s degree or foreign equivalent and 5 years of progressive post-baccalaureate experience). Individuals who do not meet the advanced degree requirement are frequently sponsored for an EB-3 immigrant visa, which can mean longer wait times for a green card depending on country of birth. However, there is another option for an individual to qualify for EB-2 without an advanced degree if they meet the exceptional ability requirements.  Continue reading

3 January 2018

Are Major Changes Coming for H-1B Extensions Beyond the 6 Year Limit?

UPDATE FROM AILA 01/09/2018 

“In a news update on January 8, 2018, the McClatchy DC news service reported
that the U.S. Citizenship and Immigration Services (USCIS) has stated that it not considering a
regulatory change to the H-1B extension rules, as had previously been reported in a December 30,
2017 article by McClatchy DC. In particular, USCIS stated to McClatchy DC that the agency is
not considering changing its interpretation of section 104(c) of the American Competitiveness in
the Twenty-First Century Act (AC21), which provides for H-1B extensions beyond the six-year
limit for H-1B workers who have reached certain milestones in the green card process. USCIS
went on to note that “such a change would not likely result in these H-1B holders having to leave
the United States because employers could request extensions in one-year increments under
section 106(a)-(b) of AC21 instead.” USCIS did, however, indicate that the agency is considering
a number of policy and regulatory changes to carry out the President’s Buy American, Hire
American” executive order, including conducting a “thorough review” of employment-based visa
programs.”


 

Over the last few days, news has spread regarding potential new regulations that could greatly impact H-1B extensions beyond the 6 year limitation. The word around town is that the Department of Homeland Security (DHS) has discussed the idea to stop H-1B extensions beyond the 6 year limit based on certain language found under the law. Continue reading

8 September 2016

DOL Ordered to Modify PERM Validity Dates in the Case of the Missing Labor Certification

In order to sponsor a foreign worker for a green card, an employer must usually submit an Application for Permanent Employment Certification (ETA Form 9089) to the Department of Labor (DOL). Once an application is approved, or “certified”, the DOL Certifying Officer (CO) who reviewed the case will issue an original labor certification on blue paper and mail this document to the employer or attorney of record. The labor certification will be valid for 180 calendar days and will need to be submitted with the I-140 Immigrant Petition during the 2nd step of the employment based green card process. An initial I-140 Petition cannot be submitted to the United States Citizenship and Immigration Services (USCIS) once the labor certification has expired.

But what if the original labor certification was never received by the employer and is no longer valid? Where there is no evidence that it was delivered, will the DOL then reissue a labor certification with new validity dates to allow an employer to timely file an I-140 Petition? This issue was discussed in a recent Board of Alien Labor Certification Appeals decision, Gazebo Contracting Inc., 2012-PER-02679 (BALCA August 12, 2016).  Continue reading

4 August 2015

Tips to Improve your Chance of I-140 Approval

I want to share some tips to improve your chance of a smooth road to I-140 approval. PERM is a monster, but don’t let the seemingly “easy” I-140 hurdle fool you – the I-140 stage can present its own difficulties. Just remember, every step counts!  Continue reading

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12 December 2014

Say YES to PERM, Part Deux!

As you all may remember, my very first blog post included an explanation of the benefits of getting the PERM labor certification process started (kick-off to the employment-based green card process) once your employer offers a permanent position to you. Some of the benefits I mentioned are: Continue reading