EB-2 to EB-3 Downgrade for Indian and Chinese Nationals – January 2019

By Angelita Chavez, Gladys Gervacio, Toni Ordona, and Armando Escobedo Summary On December 13, 2018, the Department of State (DOS) released the January 2019 Visa Bulletin. Of particular relevance is the employment-based third (EB-3) and second preference (EB-2) category for India and China.  The EB-3 category for beneficiaries born in China and India has a […]
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Fast-Track Green Card for Physical Therapists

The United States Department of Labor (DOL) has declared a shortage of US physical therapists. The great news for employers is it is faster for physical therapists to obtain a green card than foreign nationals in most other occupations. Why is it Faster to Sponsor a Physical Therapist on a Green Card? PERM Labor Certification […]
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Managing Immigration Compliance During Mergers & Acquisitions (M&A)

By Min Kim US immigration poses certain challenges for companies considering mergers & acquisitions (M&A). Employment-based immigration often requires strict business-related forecasts, which can be difficult in fast-moving transactions. Employers with an upcoming M&A should prepare for how the transaction will directly impact their foreign national work staff in the US. H-1B visas and green […]
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USCIS Provides Evidence Checklist for Petition Forms

By Angelita Chavez-Halaka and Armando Escobedo Summary Beginning September 11, 2018, USCIS will exercise full discretion to deny any application which fails to establish eligibility based on inadequate initial evidence. This change means that denials can be issued without a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). UPDATE: Checklists for Initial […]
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USCIS Issues Recall on Incorrectly Dated Green Cards

By: Jagminder Matharu USCIS is recalling close to 8,543 green cards, because the “Resident Since” date on these cards was printed incorrectly. The misprinted cards were sent to lawful permanent residents between February and April 2018. Holders of these cards will receive notices from USCIS, along with a prepaid return envelope. Attorneys will be notified […]
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EB-1 India & China Retrogression for April 2018

By: Gladys V. Gervacio What Employers and Employees Should Know The EB-1 category for India and China will retrogress in April 2018. Effective April 1, 2018, the cutoff for employment-based first preference (EB-1) for India and China is January 1, 2012. Employment based All Chargeability Areas Except Those Listed CHINA – mainland born EL SALVADOR GUATEMALA […]
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What to Expect: Employment-Based Adjustment of Status (AOS) Interview

By: Melissa Chan As of October 2, 2017, certain foreign nationals and their dependents are required to interview with USCIS before adjusting status to an employment-based green card. These interviews are required for EB-1, EB-2, and EB-3 green card categories. Once a Form I-485 has been filed for the foreign national, they will receive a notice in […]
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How do I sponsor an employee for a Green Card, or Lawful Permanent Residence?

Lea en español. The process to sponsor a prospective employee for a green card varies based on which employment-based (EB) preference category they fall under. There are five EB categories for green card sponsorship, which are ranked based on qualifications. This discussion focuses on EB-2 and EB-3 preference categories. Employment-Based Preference Category Who is eligible? EB-1 […]
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PERM Processing Times – Updated 10/31/17

The U.S. Citizen & Immigration Services (USCIS) releases updated PERM processing times once a month, around the 15th. These processing times reflect the previous month. 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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Proposed Merit-Based Immigration Reforms

By: Navdeep Meamber The White House has released important information on the proposed merit-based reforms. Some of these reforms include ending of chain based migration, which would impact the family based visa category. Under the proposed reform, the family-based green cards would be limited to the spouses and the minor children of U.S. citizens and […]
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