FAQs about Priority Dates

Tags

I-140

A priority date establishes your place in the queue for a permanent residency status (also known as a Green Card). You cannot file your Adjustment of Status (AOS) applications or apply for your immigrant consular interview until your priority date is current.

Depending on your visa category and country of chargeability, this can be one to several years. For most foreign nationals, losing or retaining a priority date can make a big difference in the timeline of their path to permanent residency.

The new rule that went into effect on January 17, 2017 made some changes to the process of determining priority dates. Here are common questions about these changes.

FAQs about the New High-Skilled Workers Rule and Its Impact on New H-1B Visas

Tags

H-1B

On January 17, 2017, the final Department of Homeland Security (DHS) rule entitled “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” took effect.

The rule amended regulations related to various employment-based immigrant and nonimmigrant visa programs, including the H-1B.

Since this is the first filing season where it will be in effect, we wanted to provide answers to the commonly asked questions about the changes.

I-9 Alert: Automatic Extensions of EADs

Tags

EAD, High-Skilled Workers, I-765, I-9, USCIS, Work Authorization

Due to the new High-Skilled Workers rule that went into effect on January 17, 2017, USCIS is no longer required to adjudicate EADs within ninety days. To help prevent a gap in employment authorization, DHS will grant automatic 180-day EAD extensions in most categories if filed on the same basis as the initial EAD.

Here is what you need to know about these new regulation. 

FAQs about H-1B Prep: Staying Ahead of the Game

Tags

H-1B

With the upcoming H-1B filing season fast approaching, it’s time to start planning accordingly and based on what we currently know.

The Trump administration is expected to issue proposed changes to the H-1B visa program. The proposed changes were outlined in a draft of an Executive Order dated January 23, 2017 titled “Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs.” Additionally, legislation has been introduced in Congress to address the H-1B program.

FAQ: Medical Exam for Adjustment of Status

Tags

AOS, Green Card

If you are applying for U.S. permanent residence (“green card”), you’ll need to submit to a medical exam. This FAQ is intended to guide you through this process.

Why do I have to undergo a medical exam? 

The purpose of the examination is to confirm that you are not inadmissible to the U.S. on public health grounds. The medical examination must be performed by a civil surgeon who has been designated by the immigration authorities to perform such an examination.

FAQ: PERM Labor Certification Process – Phase 2

Tags

Green Card, PERM

The First Step to an Employment-Based “Green Card” – The Labor Certification Process (PERM)

Phase 2: PERM Advertising and Recruitment

Before filing the PERM Labor Certification (LC) with the Department of Labor (DOL), employers are required to complete very specific advertising and recruitment steps for the job at issue. The goal of this phase is to show that no qualified U.S. workers are available for the specific position.

FAQ: H-1B and Cap Exempt Organizations

Tags

H-1B

Can you benefit from the H-1B Cap-Exemption?

The H-1B cap is one of the current greatest concerns and challenges for employers seeking to hire professional foreign nationals. Employers are challenged by the limited (capped) number of H-1B visas available and the oversubscribed demand for these visas (the cap is typically reached within the first five days of filing).

FAQ: PERM Labor Certification Process – Phase 1

Tags

Green Card, PERM

The First Step to an Employment-Based “Green Card” -The Labor Certification Process (PERM)

Phase 1:  Case Strategy, PERM initiation, Job Requirements Determination, and Prevailing Wage Determination

There are 3 steps to obtaining a green card based on employment:

FAQ: Immigration Business Plan for L-1s and E-2 Investors Visas

Tags

L-1A

Our latest post in our Frequently Asked Questions about Immigration has been posted on our website. Click here to download your copy today!

FAQ: DACA, DAPA and SCOTUS – U.S. v. Texas Decision

Tags

EAD

About the Decision:

On June 23, 2016, the U.S. Supreme Court (SCOTUS) issued a one-sentence per curium ruling in U.S. v. Texas, simply stating “The judgment is affirmed by an equally divided court”. This 4-4 decision left in place the Fifth Circuit ruling blocking the expansion of the Deferred Action for Childhood Arrivals (DACA+) and Deferred Action for Parents of American and Lawful Permanent Residents (DAPA).