One of the requirements to obtain an I-140 approval is that the Employer demonstrates the financial ability to pay the proffered wage from the priority date until the foreign national receives their green card, showcasing their capability in proving financial ability. The priority date for EB-2 and EB-3 is established based on the date the...
Employment-Based Immigration
Pursuant to the Immigration Reform and Control Act of 1986 (IRCA), Employers are required to complete and retain an I-9, Employment Eligibility Verification for each employee who is hired for employment, with limited exceptions which will be discussed below. IRCA specifically prohibits Employers from knowingly employing individuals who are not authorized to work in the...
Department of Homeland Security (DOL) and Department of Labor (DOL) to join forces to investigate H-1B violations On June 22 President Trump issued a proclamation suspending entry of non-immigrants into the U.S., namely those seeking to enter on an H-1B, H-2B, H-4, J or L visa. This proclamation also required the Secretary of Labor and...
The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) will be joining forces to investigate suspected cases of fraud of the H-1B specialty occupation visa program (H-1B program). The two federal departments have entered into an agreement under which DHS will share data and records on H-1B petitions in the...
Amidst the COVID-19 emergency guidelines and the current Trump administration, staying updated with immigration laws, Department of Homeland Security (DHS) notices, and Presidential Proclamations is crucial for international students. Access comprehensive guidelines to navigate these challenges effectively. If you are an international student, you not only have to focus on your classes but also have...
On Monday, July 6, 2020 SEVP (Student and Exchange Visitor Program (a division of ICE) announced that students taking a full online course load in the fall semester are not allowed to remain in the US. This new rule was a departure from a previous exemption announced in March 2020, allowing students to study online...
The Student and Exchange Visitor Program (SEVP) is modifying the temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The modifications include the following: Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United...
Having had a week to reflect on the proclamation I felt that it was necessary to write a second article about the potential implications and to answer some of the common questions that clients have been asking us about the proclamation. My first article focused on the proclamation’s immediate impact on non-immigrant workers. For details...