The L1A intracompany transferee classification is designed to allow a qualifying multinational company to transfer a foreign national executive or manager to a related entity in the United States. For an L1A petition, the employer typically must demonstrate to the U.S. Citizenship and Immigration Services...
Recent regulatory changes have reinforced the long-standing position of the U.S. Citizenship and Immigration Services (USCIS) that a certified labor condition application (LCA), in itself, does not establish that the position qualifies as a specialty occupation or that the LCA properly supports the H1B petition....
This morning, the U.S. Department of State (DOS) released the May 2025 Visa Bulletin. There is little-to-no movement in the employment-based categories. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1)...
When completing the ETA form 9089, application for permanent employment certification (PERM labor certification), employers may overlook a small but important question on the form: “Is there a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers, and/or incorporators?” Before breezing...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced that the agency had received enough registrations for unique beneficiaries to meet the regular H1B cap and the advanced degree exemption (i.e., the master’s cap) for fiscal year 2026 (FY26). All employers that submitted online...
Most foreign national workers in the U.S. understand that H1B status can be extended beyond the standard six-year maximum once they reach a certain point in the process of being sponsored for an employment-based green card. Managers and executives in L1A status, however, normally cannot...
The purpose of the labor certification process is to protect U.S. workers. It is a certification from the U.S. Department of Labor (DOL) that there are not able, willing, and qualified U.S. workers available for the offered employment or position. The labor certification is the...
This evening, the U.S. Department of State (DOS) released the April 2025 Visa Bulletin. There is some forward movement in most of the oversubscribed categories, and retrogression in the EB5 unreserved category. All cutoff dates listed refer to those in the final action chart (i.e.,...
As the H1B cap registration season approaches, it is essential for employers to ensure that all information submitted in the electronic registration is accurate. With the transition to a beneficiary-centric registration system last year, even minor errors can have significant consequences. While the U.S. Citizenship...
On 28.Feb.2025, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that dramatically expands the circumstances under which the USCIS intends to issue a notice to appear (NTA), or refer cases to the U.S. Immigration and Customs Enforcement (ICE) for NTA issuance. An...
