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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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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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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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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

Will USCIS Interview Me? In-Person Interviews Expected for Employment-Based Green Card Applicants

By: Elizabeth Goings After October 1, 2017, USCIS will begin to phase-in interviews for employees with a pending I-485 application based on employment.  Foreign national employees working in the United States will most likely be required to schedule an in-person interview as part of their application and prior to green card approval. This move is …

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