Answer The U.S. Department of Labor requires that the employer pay for the PERM labor certification and related expenses. The USCIS does not have the same view, so the expenses of the I-140 and I-485 (legal fees, filing fees, costs) can be paid for by the...
Answer In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Requesting retention of a priority date does not void or otherwise invalidate the original I-140 application. If Company A chooses not to withdraw the I-140, it continues to remain valid for immigration purposes, even if that priority date is retained and applied to another case....
Answer If an employer disagrees with the prevailing wage determination, they can first request a redetermination. If that is unsuccessful, they may request a director’s review. If that too is unsuccessful, the employer may appeal to the Board of Alien Labor Certification Appeals (BALCA). However, given...
Answer Normally, unless the individual qualifies for AC21 (i.e., I-485 has been pending for at least 180 days and the new position is the same or similar), a new PERM case would be required in order to be sponsored under the new position. (28.May.2025)Sheela Murthy and...
Answer Including special skills often will increase the wage level, unless the U.S. Department of Labor determines that the skills are typical for an entry-level position in the occupation. (21.May.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer It is possible to be sponsored for an EB2 or EB3 position while still on OPT. But, even if the I-140 is approved, this would not exempt you from having to go through the H1B lottery. (07.May.2025)Sheela Murthy and other senior attorneys provide guidance that...
Answer When you interfile a downgrade or upgrade request, you are informing the USCIS that you intend to work for the employer listed on the interfiled I-140 petition when your I-485 is approved. If you do not intend to work for this employer, then you cannot...
Answer Normally, after interfiling an approved I-140 petition, you must wait another 180 days before requesting AC21 portability to a new job offer. If you interfiled a pending I-140, then you typically must wait 180 days from the date the pending I-140 is approved. (09.Apr.2025)Sheela Murthy...
Answer Nearly every green card category, including EB2 and EB3, has its own annual allotment of visa numbers. Then, if there are immigrant visa numbers remaining and unused in one employment-based (EB) category, they can be used for the next level of EB numbers. Even with...
