Legal and Immigration Updates – November 2017

USCIS Issues Policy Guidance on Functional Managers: 5 Criteria Employers Should Know
By: Elizabeth Goings

On November 8, 2017, USCIS adopted an Administrative Appeals Office (AAO) decision outlining five criteria an employer must establish to prove that a position is functional in nature.   

Why is this important for Employers?

Some global employers would like to transfer talented managers from their organization abroad to the U.S. to temporarily manage a department or division.  The L-1A nonimmigrant visa category is one possible avenue for this.  In time, these employees may become very valuable to the U.S. entity.  Accordingly, an employer may seek to permanently hire these multinational managers under a first-preference visa (EB-1) category as defined under immigration law.

One type of employee that would qualify for this would be a “functional manager.”  In contrast to taking a more supervisory role over professional employees, a functional manager is defined as one who primarily manages an “essential function” within the organization.

There have been numerous AAO opinions attempting to clarify what the latter role is. For instance, at least one non-precedent AAO opinion reviewed whether the activity of managing a complex project constituted an essential function of the business.  Another non-precedent AAO opinion, which has since been adopted by USCIS, concluded that a functional manager can be one who manages the “function” of setting up and directing a US operation.

What Constitutes an “Essential Function” of the Organization?

In its most recent Policy Memorandum, USCIS is providing further clarity on the criteria it will use to adjudicate petitions for a functional manager.

The criteria can be found in the USCIS adopted AAO decision of In Matter of G-Inc. In that case, the employer was a multinational technology-based product development corporation who sought to hire an employee permanently as an EB-1 functional manager in the position of “Director, Financial Planning and Analysis (FP&A).”  USCIS denied its I-140 petition and eventually the employer appealed.

The AAO held in favor of the employer.  In determining whether the activity was an “essential function,” it found that the employer’s financial analysis and planning activity was core to the employer’s business growth, financial health, and executive decision making.  This activity was therefore an essential function to its business.

As part of this analysis, the AAO outlined five criteria to consider when adjudicating a petition that involves a functional manager:

  • the function is a clearly defined activity;
  • the function is “essential”, i.e. core to the organization;
  • the beneficiary will primarily manage, as opposed to perform, the function;
  • the beneficiary will act at a senior level within the organization hierarchy or with respect to the function managed; and
  • the beneficiary will exercise discretion over the function’s day-to-day operations.

Because the memo provides guidance to USCIS adjudicators, employers and human resource managers should also read and discuss with immigration practitioners to understand its impact.  To read the full Policy Memorandum, please visit USCIS website here.

Contact Us for Questions or Concerns

Contact us for any questions regarding how this USCIS Policy Memorandum may affect your filing or to stay up-to-date on other immigration alerts.

You may sign up for our Chugh, LLP newsletter pertaining to employment based immigration matters at or contact us at

The information provided herein is not meant as a substitute for legal counseling but is general information. Use of this document or any other material provided by Chugh, LLP does not create an attorney-client relationship. All information should be independently verified before relied or acted upon.

Good Practice Pointers Before Traveling as a Non-Immigrant
By: Carmen C. Lopez

As an employer, there are several good pointers you can recommend to your employees who hold non-immigrant visas such as L-1 or H-1B, before traveling outside the United States.  Some of these recommendations include the following:

  1. Ensure that the validity period of the foreign passport the employee holds, is valid for at least, the validity period of the approval notice (i.e. Form I-797A or I-797B).
  2. Have the employee print his/her Form I-94 U.S. arrival/departure record immediately upon entering into the United States to verify the validity period is correctly issued. This can be done at
  3. Ensure that the employee has a valid visa in their passport issued by the U.S. Consulate before they enter the United States.
  4. Ensure that the employee carries the necessary documents when entering the United States such as their Form I-797A or Form I-797B.

We often see common problems, when some of the above actions are not taken.  If a foreign national enters the United States, and their passport is valid for a shorter time than the validity of their H-1B or L-1 approval notice, the foreign national, will only receive an I-94, valid for only the life of the foreign passport.  The validity on Form I-94, can never be longer than the life of the foreign passport.  This puts the status of the foreign national in jeopardy.

Other common issues occur when the foreign national does not print their I-94 immediately after entering the United States.  There are times when the validity of the I-94 is incorrectly issued by U.S. Customs and Border Patrol (CBP), causing serious consequences to the foreign national. For example, the foreign national enters the United States and the validity of the I-94 is shorter than the validity of the H-1B approval notice, Form I-797.  The validity of the last issued I-94 will take control of the foreign national’s status.  By the time the foreign national realizes the I-94 was incorrectly issued, the foreign national has been on an expired I-94 for over 1 year, triggering a 10-year bar.  Time spent in the Unites States, on an expired I-94, constitutes unlawful presence and unlawful employment.

There are ways a foreign national can correct the validity of the I-94 when CBP incorrectly issues an I-94.  One way is to make an appointment through Info Pass through the United States and Immigration Services (USCIS) website found at  The foreign national would visit the Deferred Inspections Department to have the I-94 corrected. They should carry documents such as their passport, Form I-797B (approval notice approved for consular processing) or Form I-797A (approval notice approved with the I-94 attached to it).  Please note that Deferred Inspections Department, cannot extend the validity of the I-94, due to having a passport with a shorter duration. Another way of correcting an I-94, is by visiting CBP through a Class A Port of Entry.  Alternatively, in San Ysidro, the foreign national doesn’t have to travel outside the United States to correct the I-94. They can simply visit the San Ysidro Land Port of Entry (on the U.S. side) located at 415-499 Virginia Ave, San Diego, CA 92173. The foreign national would pay $6.00 and the I-94 can be issued. They don’t have to cross into Mexico.

Finally, please note that H-1B visas issued by the U.S. Consulate remain valid, even if the foreign national changes employment. 9 FAM 402.10-11(A).  Therefore, if the foreign national obtained an H-1B visa in their passport while employed with company A, but changed their employment to company B, the foreign national can still avail to the H-1B visa in the passport, so long as it remains valid.

Increase in Request for Evidence’s for All Type of Petitions
By: Toni Ordona

On October 23, 2017, the United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum, PM-602-0151 titled, “Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status”, which instructs USCIS officers to stop deferring to previous nonimmigrant petitions, when adjudicating the cases. This Policy Memorandum will supersede prior USCIS policies relating to an extension of nonimmigrant petition validity involving the same parties and the same terms of employment, that allow USCIS officers to defer to prior approvals, as long as there are no changes in the petition. The Policy Memorandum also states that USCIS adjudicators “should not feel constrained” in issuing Request for Evidences (RFE) or Notice of Intents to Deny (NOID).

What this means is that the USCIS will review each nonimmigrant visa petition filed for eligibility every time an Employer files a nonimmigrant petition for any foreign national, whether it’s for a new employee or it’s the 10th year extension.  Any employer filing Form I-129 petition must consider this new policy when planning for the future.

In the last several months and prior to October 23, 2017, Request for Evidences (RFE) have been at an all-time high.  USCIS has begun issuing RFE’s in unusual numbers which contain issues in relation to:

  1. Specialty Occupation,
  2. Relation of degree to the position,
  3. Right to Control,
  4. Level 1 wage used on the Labor Condition Application,
  5. Work Space Availability,
  6. Maintenance of Status such as F-1 status, and
  7. Bona-fide business.

Since the October 23, 2017 Policy Memorandum (PM), we can expect greater numbers of RFE’s.

In our experience, we have seen that employers amending the approved Blanket L to add a new subsidiary, are not required to provide evidence, not only to show the relationship with the new business entity, but also to show the relationship of all the other previously approved affiliates.

In light of the increased scrutiny, Mexico and Canada nationals with expiring TN visas, may want to consider renewing their TN visas in their home countries, instead of extending their status by filing a petition with the USCIS, so as to avoid RFEs and delays in processing.

Employers preparing and filing H-1B extension petitions in-house may now need the assistance of an experienced immigration attorney in filing petitions for extensions.  Employers are strongly advised to consult with Chugh, LLP on various documents to support your non-immigrant and immigrant petitions.

Real ID Act Compliance Deadline

Beginning January 22, 2018 TSA will no longer accept driver’s licenses or identification that are not REAL ID Act compliant for domestic travel.  Passed in 2005, with a recommendation from the 9/11 Commission, the REAL ID Act sets national minimum-security standards and prohibits federal agencies from accepting non-compliant IDs and driver’s licenses for official purposes, including domestic air travel.  This means state IDs and driver’s licenses will be required to have certain security enhancements to prove that individuals are lawfully present in the United States.

Currently, 24 states have a grace period (ending January 22, 2018) to be in compliance with the REAL ID. These states have also submitted extension requests including Washington, California, Oregon, Maine, Massachusetts and NY, that are under review with the DHS. However, it is not yet clear if these extensions will be granted by DHS. In the past, extensions have been granted to allow states additional time to comply with the Real ID Act. However, we typically have to wait and see with DHS.

Do you live in a state that has not yet complied with the Real ID?  What You Need to Know:

  • Beginning January 22, 2018, you may not continue using your state-issued driver’s license or ID unless your state has been granted an extension to the compliance deadline.  For a list of states, please see
  • If your state timely filed an extension of the compliance deadline, you may continue to use your state-issued driver’s license or IDs until October 1, 2020. For a list of states, please see
  • For a list of states that are currently Real ID Compliant, please see

QUESTION:  Are Minors Subject to REAL ID Act? 

ANSWER:  No.  TSA does not require children under 18 to provide identification when traveling with a companion within the United States. You should contact your airline service provider for questions regarding specific ID requirements for travelers under 18.

QUESTION:   Can I still use my non-compliance ID/Driver’s license for other purposes?

ANSWER:    Yes.  States can continue to issue non-complying licenses and IDs, so long as these have a unique design and a clear indication that they cannot be accepted for any federal identification purpose.

Moreover, you will NOT need a REAL ID compliant form of identification for the following:

  • Entering Federal facilities that do not require a person to present identification
  • Voting or registering to vote
  • Applying for or receiving Federal benefits
  • Being licensed by a state to drive
  • Accessing Health or life preserving services (including hospitals and health clinics), law enforcement, or constitutionally protected activities (including a defendant’s access to court proceedings)
  • Participating in law enforcement proceedings or investigations

QUESTION:    Are there any other TSA Approved Forms of Identification I can use for travel?

ANSWER:   Yes.  You can see a list of TSA Approved forms of identification by visiting this link:

Fee’s that the Employer Cannot Deduct from an H-1B Worker’s Payroll
By: Joseph Chua

The U.S. Department of Labor Wage and Hour Division has released a fact sheet dated [August 2009] and titled, “Fact Sheet #62H: What are the rules concerning deductions from an H-1B worker’s pay?”. This fact sheet states which fees are and are not allowed to be deducted from an H-1B worker’s payroll.  This article will focus on the fees that are not allowed to be deducted from said H-1B worker’s payroll.

The penalty for each violation may be a fine on the employer of $1,000, issuance of an administrative order requiring the return to the non-immigrant of any amount paid in violation of INA § 212(n)(2)(C)(vi)(I), or, if the non-immigrant cannot be located, issuance of an administrative order requiring payment of any such amount to the general fund of the Treasury. according to Act 212(n).

These such fees are the following:

  1. A penalty (as defined by state law) for the worker’s failure to complete the full employment period (INA § 212(n)(2)(C)(vi)(I));
  2. Any part of the statutory training and processing fee imposed by the Department of Homeland Security’s U.S. Citizenship and Immigration Services. This is the ACWIA fee which is $1,500 where employer employs 25 or less full-time equivalent employees in the U.S. including those at any U.S. affiliate or subsidiary; or $750 where the employer employs 24 or less full-time employees in the U.S. including those at any U.S. affiliate or subsidiary (USCIS) (INA § 212(n)(2)(C)(vi)(II));
  3. Any part of the statutory $500 fraud protection and detection fee imposed by USCIS (INA § 214(c)(12)(A));
  4. Any deduction for the employer’s business expenses that would reduce an H-1B worker’s pay below the required wage rate (20 C.F.R. § 655.731(c)(9)(ii) and (iii)(C)).

Please visit the pertinent links below for the full text of the fact sheet:

Will the “Protect & Grow American Jobs Act” Impact Your H-1B Labor Force?
By: Angelita Chavez & Elizabeth Goings

On November 15, 2017, a U.S. bill which could potentially impact H-1B dependent employers was passed by the House Judiciary Subcommittee on Immigration and Border Security.  Known as the “Protect and Grow American Jobs Act”, H.R. 170 was introduced in January with broad bi-partisan support and will now enter the U.S. House of Representatives for consideration and a vote.

Introduced by Representative Darrell Issa of California, H.R. 170 proposes several changes to the current H-1B program:

  • It prohibits employers from replacing American workers with H-1B employees–no exceptions available.
  • It would lengthen the current 90-day, no-layoff, policy for H-1B dependent employers and their client companies.
  • It increases the $60,000 salary threshold exemption to $90,000.
  • It eliminates the Master’s Degree exemption.

Current Obligations of H-1B Dependent Employers

Under the regulations, an employer is considered H-1B dependent if it has:

  • 25 or fewer full-time equivalent employees and at least eight H-1B nonimmigrant workers; or
  • 26 – 50 full-time equivalent employees and at least 13 H-1B nonimmigrant workers; or
  • 51 or more full-time equivalent employees of whom 15% or more are H-1B nonimmigrant workers.

These employers must make certain attestations regarding recruitment of U.S workers and are prohibited against displacement of U.S. workers.  An exemption applies if the H-1B employee meets certain criteria: (1) if an employer is paying the H-1B employee a salary of at least $60,000; or (2) if the employee has a master’s degree tied to the specialty occupation. Per regulation, the H-1B employer is responsible for demonstrating its compliance with the non-displacement obligation.

Possible Impact on H-1B Dependent Employers

One major consequence is that the bill would steeply increase the salary requirements for H-1B workers.  H-1B dependent employers would have to pay the lower of $135,000 (that is indexed for inflation), or the average wage for the occupation in the area of employment, with a minimum of $90,000.

Employers that do not meet the $90,000 threshold for exemption will be subject to the attestations on the Labor Certification Application (LCA), namely the good faith recruitment and the 90-day period (among other requirements).

What’s Next for H-1B Employers?

We are continuing to monitor the next stages of this bill’s life on the House floor.  If you are concerned about whether you are H-1B dependent or are heading there, please feel free to contact us for more information.

Choice of Entity and Incorporation
By: Chetana Kaasam and Sismi Menachery

Please note that this article is Virginia specific and for information on incorporation in other states, please contact us. Also, for a detailed guide to incorporating a business in Virginia, please e-mail or

A common question encountered by entrepreneurs during the nascent stage of business is – what would be the most suitable form of entity structure for their business? Although Delaware, has been a popular jurisdiction for incorporating businesses, please be cautioned that a Delaware corporation may not be suitable to all. Unless carefully considered, incorporating in Delaware might entail additional tax, reporting and other obligations. The chart below gives a comparative overview of the various entity structures for business needs. To determine that the entity structure aligns with business needs, however, it is advisable to consult a legal and accounting professional.

Sole Proprietorship
General Partnership (GP) Limited Liability Company (LLC) S Corporation (S Corp) C Corporation – General Stock
(C Corp)
How to form City tax license may be required. No state filing required. No state filing required.
Some states allow GP’s to file at state agency. An Agreement between two or more parties. Partnership agreement should be created.
Required to file formation document with the State filing agency. Most states require an Operating Agreement Required to file formation document with the State filing agency. Must elect S status through the IRS, additional filing required Required to file formation document with the State filing agency.
Initial Cost Business tax License fee as applicable Business tax License fee as applicable State filing fee as applicable State filing fee as applicable State filing fee as applicable
Owners Individual ownership Two or more owners Unlimited number of owners Up to 75 members/ Shareholders Unlimited number of shareholders
Can foreigners be owners Yes Yes Yes No Yes
Liability Unlimited liability and can lose personal assets General Partners have personal liability for losses. Liability of other partners typically determined by partnership agreement. Members are not liable for debts accrued by the company unless a member secured the debt with a personal asset Shareholders are not liable for the debts of the corporation. Officers can be held liable in limited circumstances. Shareholders are not liable for the debts of the corporation. Officers can be held liable in limited circumstances.
Default Taxation Taxed Once Taxed Once Taxed Once Taxed Once Double; both the corporation and shareholders are taxed
Pass through taxation for both income and loss Yes Yes Yes Yes No
Management Entirely managed by the sole proprietor General Partners have the responsibility to manage day to day affairs. Roles of other partners as defined in the partnership agreement By members or managers, in accordance with the operating agreement Directors and officers as elected by the shareholders. Directors and officers as elected by the shareholders.

Steps to Incorporate a Business in Virginia

The first step to incorporating in Virginia is to select a unique business name that is not already in use or reserved by another business entity in the state. Our legal professionals can do the necessary research to make sure your company’s name meets Virginia state standards. We can also help reserve a corporate name in accordance with the state law, should you need additional time to incorporate your business.

The next step is to file the articles of incorporation with the appropriate authorities and pay the filing fees. Please note that at this stage you will need to have identified a registered agent as permitted by the State of Virginia. Under Virginia law, your company cannot serve as its own registered agent. A member of the Virginia Bar is permitted to act as a registered agent. Our legal professionals, from time and again act as registered agents and respond to government correspondences, thus saving entrepreneurs valuable time.

Lastly, as part of immediate steps of incorporating in Virginia, the business entity is required to obtain a federal Employer Identification Number (EIN). The company then must also register with the Virginia Department of Taxation wherein it will be assigned a Virginia Tax account number, which should be included on tax returns, payments and other tax filings. If the business will be collecting sales tax, it will be issued a certificate of registration, which is a permit to collect sales tax, and issue and receive tax exemption certificates. Such certificate of registration should be displayed prominently in the physical place of business.

We offer comprehensive incorporation packages and handhold you through the process. If you are looking to start a business, call us today for a free consultation.

New California Employment Laws for 2018
By: Bhakti Shivarekar

November 1, 2017

Governor Brown has signed into law the following employment-related Bills that will impact California employers starting January 1, 2018. The objective of this alert is to share some significant labor laws that take effect on January 1, 2018, along with tips as to how employers can ensure compliance with the laws.

  1. Salary History:
    Employers are banned from seeking an applicant’s past salary information. This new law also requires employers to provide the position’s pay scale to applicants upon reasonable request. All employers, public and private, are prohibited from relying on “salary history Information” as a factor in determining whether to offer employment and what salary to offer to an applicant. Also, an employer cannot, orally or in writing, personally or through an agent (such as a manager or even a third party), seek salary history information about an applicant. Salary history information includes information about compensation and benefits.

How can employers comply with this law:

  • Revise job applications and notices to remove questions that could seek salary history information.
  • Revise applicable hiring policies and procedures and interview/screening guidelines to ensure compliance with the new law.
  • Training all personnel involved at any stage of the hiring process to ensure they understand the restrictions and obligations imposed by the new law.
  • Employers in San Francisco should also take note that a similar city ordinance takes effect in July 2018.
  1. Ban the Box law
    The new California Ban-the-Box law amends the Fair Employment and Housing Act (“FEHA”) to make it an unlawful employment practice for employers with five or more employees to:
  • include on any application for employment any question that seeks the disclosure of an applicant’s conviction history;
  • inquire into or consider an applicant’s conviction history before the applicant receives a conditional offer of employment; and
  • consider, distribute, or disseminate information related to arrests that did not result in convictions, diversion program participation, and/or convictions that were sealed, dismissed, expunged or eradicated.

Following are the exceptions to this law:

  • positions for which government agencies are required by law to check conviction history;
  • positions with criminal justice agencies;
  • farm labor contractors; and positions for which the employer is required by federal, state or local law to check criminal history or to restrict employment based on criminal history.

The law provides that covered employers may only consider an applicant’s conviction history after the applicant has received a conditional offer of employment. If an employer intends to deny hire solely or in part because of conviction history, the employer must conduct an individualized assessment to determine whether that history has a direct and adverse relationship with the specific duties of the job. Moreover, when making that assessment the employer must consider the nature and gravity of the offense and conduct, the passage of time since the date of the offense/conduct and completion of any sentence, and the nature of the position held or sought. Employers may, but are not required to, record the results of their individualized assessments in writing.

If the individualized assessment leads to a preliminary decision that the conviction history is disqualifying, the employer must then follow a specific procedure, sometimes referred to as a “fair chance” process, as follows:

  • First, the employer must provide written notice to the applicant. The written notice must identify the conviction on which the preliminary decision is based, include a copy of the conviction history report, if any, and explain the applicant’s right to respond to the notice within at least five business days.
  • Second, if the applicant timely notifies the employer in writing that the applicant is disputing the conviction history and is taking steps to obtain evidence to do so, the employer must provide the applicant an additional five business days to respond.
  • Finally, if after receiving the response from the applicant the employer makes a final decision to deny employment based on conviction history, the employer must again notify the applicant in writing. This final notification must include: the final denial; information relating to any existing procedure to challenge the decision or request reconsideration; and the right to file a complaint with the Department of Fair Employment and Housing. The employer has the option to include an explanation for making the final denial.

How can employers comply with this law:

  • Revise their paper and online employment applications to remove “boxes” or questions which seek criminal conviction information from applicants.
  • Review interview guidelines and hiring processes to ensure compliance with the law, and train managers, hiring, and recruiting personnel that they may not seek or rely on conviction history before a conditional offer of employment is made.
  • Adopt procedures to comply with the individualized assessment and “fair chance” process requirements.
  1. New Parental Leave Act
    Small businesses must provide parental leave. The New Parent Leave Act amends the California Family Rights Act (“CFRA”) to allow employees who work for an employer with at least 20 employees to take 12 weeks of unpaid leave for new child bonding purposes so long as the employee works at a worksite that employs at least 20 employees within a 75-mile radius. The new law is a significant expansion of the CFRA. The current CFRA only applies to employers with 50 or more employees.

To whom does this law apply?

The law applies to private and public employers who have at least 20 employees within a 75-mile radius.

Like CFRA’s current requirements, it will be unlawful for a covered employer to refuse to allow an eligible employee to take up to 12 weeks of job-protected parental leave to bond with a new child within one year of the child’s birth, adoption or foster care placement.

Which employees are eligible?

Eligible employees must have 12 months of service plus at least 1,250 hours of service with the employer during the 12-month period preceding the leave.

How does the law work?

Before the start of a parental leave, the employer must provide the employee with a guarantee of reinstatement to the same or comparable position following the leave; Failure to provide this guarantee will violate the law.

If both parents work for the same employer and are otherwise eligible for leave, the employer can require them to share the 12-week allotment between them.

Leave is unpaid, although employees may use accrued vacation, paid sick time, other accrued paid time off, or other paid or unpaid time off negotiated with the employer, and can apply for California Paid Family Leave benefits. Employers must maintain and pay for group health coverage during a parental leave at the level and under the conditions that coverage would have been provided had the employee continued working. The employer can recover coverage costs if the employee fails to return from leave after the leave entitlement period has expired and the failure to return is for a reason other than the continuation, recurrence, or onset of a serious health condition or other circumstances beyond the employee’s control.

The new law does not affect an employee’s right under California law to take up to four months of leave for pregnancy-related disability, in addition to the 12 weeks of parental leave. Also, the new law does not apply to employees who are already subject to the FMLA and CFRA.

How can employers comply with this law:

  • promptly update employee handbooks and personnel policies,
  • create/update leave request forms and notices with respect to the new leave rights, reinstatement guarantee, and other requirements.
  • Provide training to human resource employees and managers about the new leave rights and obligations.
  1. Anti-Harassment Training
    California Fair Employment and Housing Act (FEHA) requires employers with 50 or more employees to provide two hours of sexual harassment education and training to supervisory and managerial employees, every two years.

What’s new under the new law:

Anti-harassment training must include a component on harassment based on gender identity, gender expression, and sexual orientation.  This training must include “practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation,” and must be “presented by trainers or educators with knowledge and expertise” in these areas.

Employers with five or more employees to post a new workplace notice, to be developed by the Department of Fair Employment and Housing, regarding transgender rights.

How can employers comply with this law:

  • Employers should be certain to update their sexual harassment training to include information regarding gender identity, gender expression, and sexual orientation.
  • Also, keep an eye on the new poster and ensure it’s up in your workplace by January 1, 2018.
  1. Increases in Minimum Wage:

Effective January 1, 2018, the California minimum wage is increasing. For employers with 25 employees or less, the minimum wage will increase to $10.50 per hour. For employers with 26 or more employees, the minimum wage will increase to $11.00 per hour.

Please feel free to call us if you have any questions regarding the new laws.

Visa Bulletin – December 2017

Application Final Action Dates for Family-Sponsored Preference Cases

Family-Sponsored All Chargeability Areas Except Those Listed CHINA – mainland born INDIA MEXICO PHILIPPINES
F1 01FEB11 01FEB11 01FEB11 01APR96 01JAN05
F2A 22DEC15 22DEC15 22DEC15 15NOV15 22DEC15
F2B 22NOV10 22NOV10 22NOV10 22JUL96 01JUL06
F3 08SEP05 08SEP05 08SEP05 22MAY95 08MAR95
F4 08JUN04 08JUN04 22NOV03 08OCT97 01AUG94

Application Final ACtion Dates for Employment-Based Preference Cases

Employment based All Chargeability Areas Except Those Listed CHINA – mainland born EL SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES
1st C C C C C C
2nd C 01JUL13 C 01NOV08 C C
3rd C 08MAR14 C 15OCT06 C 15JAN16
Other Workers C 01JUL06 C 15OCT06 C 15JAN16
4th C C 08NOV15 C 22APR16 C
Certain Religious Workers C C 08NOV15 C 22APR16 C
5th Non-Regional Center (C5 and T5) C 15JUL14 C C C C
5th Regional Center (C5 and T5) C 15JUL14 C C C C

PERM Updates

PERM Processing Times (as of 10/31/2017)

Processing Queue Priority Dates
Month Year
Analyst Review July 2017
Audit Review March 2017
Reconsideration Requests to the CO October 2017




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