Employment-Based Immigration

Requests for Further Evidence commonly referred to as RFEs have become commonplace in the Immigration world, particularly for employment-based petitions such as H-1Bs and L-1s. In FY 2018 the number of RFEs skyrocketed and this trend continued into FY 2019. This increase in challenges from USCIS is largely due to various policy issues by USCIS...

An H-1B amendment is required each time there is a material change in the terms and conditions of employment. The Federal Regulations provide that the petitioner shall file an amended or new petition, with fee to reflect any material changes in the terms and conditions of employment or training or the alien’s eligibility as specified...

It feels like we are writing a new blog almost every week.  Under the Trump administration, we have seen several new policies, and this one is no different.  The new public charge rule seeks to once again limit legal immigration by targeting low- income, low- skilled poorly- educated, elderly or disabled individuals and making it...

The E-2 classification is a type of investor visa which allows E-2 treaty investors an individual and his/her family to come to the United States on a temporary basis to run a business. E-2 classification is not open to everyone. For, example citizens of India do not qualify for E-2 status. Therefore, if you are...

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...