Employment-Based Immigration

This article provides an update on the number of employment-based green cards issued last year and available this year. USCIS confirmed that they were able to use all the employment-based visas in FY 2022, except for 6396 EB-5 visas that had carried over from the previous year.  USCIS approved more than 220,000 employment-based adjustments of...

PERM is the first step in the green card process for most employment-based applicants.  This requires the employer to conduct a recruitment campaign in good faith to demonstrate that there are no available, willing and qualified US workers to fill the position in question. To submit a PERM application (ETA 9089) the employer is first...

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Last year USCIS came under heavy criticism for failing to issue all available employment-based green cards.  Due to the pandemic, most Consulates were closed or operating at a reduced capacity which meant that unused family-based visas rolled over into the employment-based green cards.  This was great news. Typically, there are 140,000 employment-based green cards available...

During COVID, USCIS had allowed applicants an additional 60 days to respond to certain requests, notices, and appeals, such as RFEs, NOIDs etc.  However, USCIS recently stated that this would no longer be the case, which meant that applicants would need to respond by the date stated on the notice.  Days later USCIS has once...

The Office of Foreign Labor certification (OFLC) is set to implement the 2018 Standard Occupational Classification (SOC) codes on July 1, 2022. Any Labor condition applications (LCAs) submitted prior to July 1, 2022, will be adjudicated based on the 2010 SOC codes.  Any applications submitted after July 1, 2022, will be based on the new...

The PERM also known as the Labor certification is the first step in the employment-based green card process. The PERM process starts with the employer conducting a recruitment campaign.  Alongside this it is also necessary for the employer to submit a request for the prevailing wage from the Department of Labor (DOL).  As part of...

Every year the American Immigration Lawyers Association (AILA) hold a national conference where seasoned Attorneys and government officials impart their knowledge and experience to a room full of Immigration Attorneys. I was fortunate enough to attend the conference last week in my all-time favorite city of New York.  It was a 4-day event and over...