Employment-Based Immigration

Filing Form I-751, the Petition to Remove Conditions on Residence, is a critical step for conditional permanent residents striving to secure their full 10-year green card. While the process might seem straightforward, there are several mistakes an individual can make which could lead to processing delays, requests for additional evidence (RFEs), or even denial. Within...

When an employer is unfamiliar with the H-1B process, the most common question I hear after approval is, “What should we do next?”  When an employee changes their status to H-1B, there are several important steps and considerations to ensure compliance with U.S. immigration laws. Here is a comprehensive guide for employers navigating this process:...

The U.S. Customs and Border Protection (CBP) agency has made significant strides in modernizing the admission process for foreign nationals entering the U.S., most notably through the implementation of “Simplified Arrival” and the move to stampless entry for most admission categories in 2022. However, despite these technological advancements, errors in admission records continue to occur....

What is the EB-1A Visa? The EB-1A visa is a first-preference employment-based visa for individuals who demonstrate extraordinary ability in their field. This visa is designed for those who have achieved national or international acclaim and are at the top of their profession. The EB-1A visa offers a pathway to permanent residency (Green Card) in...

With the election only 6 weeks away it is crucial to analyze the potential ramifications of a re-election of former President Donald Trump on U.S. immigration policies, specifically as they relate to the H-1B program. Based on historical actions and policy trends during his previous administration, several key areas are likely to be affected. 1....

We have updated our H-1B FAQs to provide you with the most current and accurate information regarding H-1Bs.  1. What is an H-1B and who is eligible to apply? An H-1B visa is a non-immigrant work visa that allows U.S. companies to employ foreign workers in specialty occupations that require specialized knowledge and a bachelor’s...

A new trend has emerged where USCIS is approving employment-based green cards even when the applicant’s priority date is not current. Normally, to receive a green card, there must be a visa number available, corresponding to the applicant’s priority date. According to U.S. Citizenship and Immigration Services (USCIS), visa numbers are generally assigned at the...

The Foreign Labor Application Gateway, commonly known as FLAG, is the centralized hub for all immigration-related processes concerning employment-based applications, including PERM processing. FLAG serves as a comprehensive platform for submitting and managing prevailing wage requests, Labor Condition Applications (LCAs), and other essential immigration documentation.  FLAG recently updated its processing times and unfortunately, they remain...