Chris Prescott

USCIS held a webinar on 02/06/20 for Employers wishing to file online registrations directly.  Today USCIS held a further webinar, specifically for Attorneys.  Below were the main points that were discussed in both webinars: Filing a registration: If an employer intends to use an Attorney to submit the Electronic registrations, both the Attorney and the...

What is an E-3 Visa? The E-3 visa is very similar to the H-1B visa in the sense that it is reserved for individuals working in a specialty occupation.  However, the E-3 visa is specifically for Australian nationals, their spouses and children under the age of 21. What is specialty occupation? The definition of “specialty...

I-140 General Information For candidates filing an EB-2 or EB-3 filing, it will be necessary for your Employer to obtain a certified Permanent Labor Certification, aka PERM, before filing the I-140.  For further details please refer to our previous article regarding PERMs. This article is intended for candidates who are filing an I-140 based on...

Employer’s Responsibility to Maintain a Public Access File (PAF) Under 20 CFR 655.760, employers of H-1B workers (also H-1B1 and E-3) must keep a Public Access File (PAF). Creation and Access to the PAF An employer must file an Labor Condition Application (LCA). They must also make their supporting documents available for public inspection. They must do...

PERM Process The following information is intended to give you an overview of the PERM process also known as the Permanent Labor Certification. The PERM process is required for those applicants who wish to file an EB-2 or EB-3 filing at the I-140 stage.  Please note that the PERM process is not required for an...

Why is USCIS implementing an Electronic Registration process for cap-subject petitions for FY 2021? The electronic registration is intended to simplify the process of applying for a cap-subject petition by submitting a registration form online.  In previous years USCIS has required Employers to submit an entire petition.  By utilizing an online registration Employers will only...

For the past 6 months, I have been encouraging clients to file Federal Lawsuits to overcome unreasonable delays in processing petitions and to overcome wrongful denials.  I truly believe this is the only way to hold USCIS and the Department of State accountable. Recently I was contacted by a client who had received a 221g...

H-1B Specialty Occupation The H-1B visa is one of the most commonly used visas for companies looking to hire foreign talent. The H-1B is a dual- intent, non-immigrant visa, that requires a candidate to be working in a specialized knowledge position, that requires a Bachelor’s degree or equivalent or higher in a specific field. H-1B...