Employment-Based Immigration

This article has been updated, please visit the link below: https://patel-law-group.local/how-to-make-an-interfile-request-to-switch-employment-categories/ By now most people are familiar with the concept of filing a downgrade application from EB-2 to EB-3.  However, last October so many applicants filed downgrades, that the demand for EB-3 green cards, has far exceeded the number available, resulting in severe retrogression, especially...

USCIS processing times continue to increase for the majority of applications and have only been made worst by the ongoing pandemic, resulting in the agency being heavily understaffed.  This is especially true for H-4 and L-2 EAD applicants.  Because of the long processing times and the fact that these categories of work authorization are not...

Many applicants filing for an H-1B, under the previous administration, had to contend with difficult Requests for Evidence, followed by erroneous denials.  According to the National Foundation for American Policy (NFAP), a nonpartisan policy research group, the denial rates for H-1B petitions for initial (new) employment was as follows: 24% in FY 2018; 21% in...

Effective October 1, 2021, the Centers for Disease Control and Prevention (CDC) will now require all applicants seeking permanent residence to complete the COVID-19 vaccine and provide documentation to the civil surgeon before completing their medical exam. This includes applicants filing for adjustment of status in the US and those applying via consular processing. However,...

For employment-based candidates, switching jobs during the green card process is possible, once the I-485, Supp J has been pending for 180 days, without having to go through the arduous PERM process and I-140 filing. The portability rules allow an applicant to switch jobs once the I-485 has been pending for 180 days as long...

USCIS recently announced it will no longer require F-1 students to bridge the gap.  Previously USCIS had required students who filed a change of status application to F-1, to also file a second application in order to extend their current status.  Therefore, someone who entered in B-2 and wished to change to F-1 was required...

Students on F-1 status need to ensure they maintain status.  A failure to maintain status could result in a violation which could have an impact on their immigration future.  At PLG we often see requests for evidence questioning maintenance of status for F-1 students, who have submitted an H-1B cap petition requesting a change of...

The Department of Homeland Security (DHS) will now withdraw its duration of status rule.  Students have for a long time had the benefit of being admitted for the duration of status.  In other words, unlike other nonimmigrants, they are not admitted for a specific length of time.  This flexibility has allowed them to extend their...