Employment-Based Immigration

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,...

Why is USCIS implementing an Electronic Registration process for cap-subject petitions for FY 2021? The electronic registration is intended to simplify the process of applying for a cap-subject petition by submitting a registration form online.  In previous years USCIS has required Employers to submit an entire petition.  By utilizing an online registration Employers will only...

For the past 6 months, I have been encouraging clients to file Federal Lawsuits to overcome unreasonable delays in processing petitions and to overcome wrongful denials.  I truly believe this is the only way to hold USCIS and the Department of State accountable. Recently I was contacted by a client who had received a 221g...

H-1B Specialty Occupation The H-1B visa is one of the most commonly used visas for companies looking to hire foreign talent. The H-1B is a dual- intent, non-immigrant visa, that requires a candidate to be working in a specialized knowledge position, that requires a Bachelor’s degree or equivalent or higher in a specific field. H-1B...