Employment-Based Immigration

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...

Filing for H-1B change of status while working as F-1 student under Curricular Practical Training (CPT) The regulations allow international student visa holders (F-1 students) to participate in practical training and accept employment while still under F-1 status if the F-1 students have been lawfully enrolled on a full-time basis in a qualified educational institution...

L-1B Visa intracompany transferee with specialized knowledge L-1 visa lets a U.S. employer move an employee from a qualified foreign company to a U.S. office. A foreign company can also grant it when sending a foreign employee to work in the U.S. and establish a U.S. office. As opposed to H-1B temporary worker visas, L-1...

L-1A Visa intracompany manager or executive transferee The L-1 visa lets a U.S. employer move an employee from a qualified foreign company to a U.S. office. A foreign company can also issue it when sending a foreign employee to the U.S. to work and open a U.S. office. As opposed to H-1B temporary worker visas,...