How do I sponsor an employee for a Green Card, or Lawful Permanent Residence?

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 Those with “extraordinary […]
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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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Fees 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. […]
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Increase in Requests for Evidence for All Types 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 […]
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Immigration in the Biotech & Pharmaceutical Fields

Chugh, LLP understands the specific immigration needs of clients in the biotech and pharmaceutical fields. Our multi-lingual, diverse staff  carefully analyze each case to determine which visa will meet your needs and give you the greatest chance of approval. Common Immigration Categories for Biotech and Pharma Our meticulous team at Chugh, LLP has experience in obtaining […]
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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: Ensure that the validity period of the foreign passport the employee holds, is valid for […]
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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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New 90-Day Rule and Nonimmigrant Intent

By: Navdeep Meamber Recently the Department of State has amended the Foreign Affairs Manual to include a new 90–Day Rule. Under this rule, some acts may be presumed as violation of nonimmigrant status if undertaken within 90 days of entry to the U.S on certain nonimmigrant intent visa status such as B or F status. […]
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Premium Processing Resumes for All H-1B Petitions

By: Navdeep Meamber Effective October 3, 2017, USCIS has resumed premium processing for all H-1B visa petitions. Premium processing is now available for all types of H-1B petitions, which include H-1B cap, H-1B amendment, H-1B extension and H-1B transfer. Premium Processing Service provides expedited processing for certain employment-based petitions and applications. Under the premium process, […]
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