Employment-Based Immigration

With the election only 6 weeks away it is crucial to analyze the potential ramifications of a re-election of former President Donald Trump on U.S. immigration policies, specifically as they relate to the H-1B program. Based on historical actions and policy trends during his previous administration, several key areas are likely to be affected. 1....

We have updated our H-1B FAQs to provide you with the most current and accurate information regarding H-1Bs.  1. What is an H-1B and who is eligible to apply? An H-1B visa is a non-immigrant work visa that allows U.S. companies to employ foreign workers in specialty occupations that require specialized knowledge and a bachelor’s...

A new trend has emerged where USCIS is approving employment-based green cards even when the applicant’s priority date is not current. Normally, to receive a green card, there must be a visa number available, corresponding to the applicant’s priority date. According to U.S. Citizenship and Immigration Services (USCIS), visa numbers are generally assigned at the...

The Foreign Labor Application Gateway, commonly known as FLAG, is the centralized hub for all immigration-related processes concerning employment-based applications, including PERM processing. FLAG serves as a comprehensive platform for submitting and managing prevailing wage requests, Labor Condition Applications (LCAs), and other essential immigration documentation.  FLAG recently updated its processing times and unfortunately, they remain...

Ever since USCIS revoked its 2010 policy memorandum for determining the employer/employee relationship, I strongly believe that sponsoring your own H-1B visa is possible. However, many have been reluctant to attempt this, and for good reasons. For a long time, USCIS required petitioners to meet multiple criteria to demonstrate the existence of an employer/employee relationship,...

Separate filing fees required for I-765 and I-131 when filing I-485 after April 1, 2024. It’s been 3 months since the United States Citizenship and Immigration Services (USCIS) implemented significant fee increase, including the fee for the Form I-485, Application to Register Permanent Residence or Adjust Status. Previously.  The previous fee for Form I-485 was...

Permitted Activities on H-1B Status While Being a Member of a Multi-Owner LLC The H-1B visa is a non-immigrant visa category that allows U.S. employers to temporarily employ foreign workers in specialty occupations. This visa is highly sought after by skilled professionals from around the world, as it provides a pathway to work and potentially...

The EB-5 application process begins with filing an I-526 or I-526E form with USCIS. To file, the investor must have already committed the required capital to a new commercial enterprise (NCE). The minimum investment amount is $1.05 million or $800,000 if the investment is made in a targeted employment area (TEA). The investment must be...