On March 15, 2023, the United States Citizenship and Immigration Services (USCIS) updated its ability-to-pay guidance, which can be found in Volume 6, Chapter 4 of the USCIS Policy Manual. The new guidance from the USCIS regarding the sponsoring employer's ability to pay applies only...
Today, the U.S. Department of State (DOS) released the April 2023 Visa Bulletin. 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) Category There is no movement in the EB1 category, with...
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: "[I]s there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?" Before breezing past this...
In applying for a PERM labor certification, the worksite generally must be listed. While this location was traditionally the employer's address, the increased use of virtual offices and remote work has complicated the analysis for determining the correct location to note while filing the PERM....
The U.S. Citizenship and Immigration Services (USCIS) has extended certain flexibilities related to the COVID-19 pandemic through 23.Mar.2023. The USCIS anticipates that this will be the final extension of these measures. Flexible Deadlines Applicable through 23.Mar.2023 Under the extension, applicants and petitioners will continue to have an...
The U.S. Department of State (DOS) has released the March 2023 Visa Bulletin. There is very little movement in the employment-based categories from the previous month. Worse still, in the visa bulletin, the DOS cautions that higher-than-expected demand in several categories may force additional retrogression...
Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...
A layoff can present significant challenges for any worker. But, for foreign nationals, a layoff can present an additional layer of difficulties. These FAQs are designed to provide general information regarding some of the more common issues that arise following layoffs for foreign nationals with...
The U.S. Citizenship and Immigration Services (USCIS) has announced that the premium processing service soon will be made available for all new and pending I-140 petitions filed under the EB1(c) multinational executive and manager category and EB2 national interest waiver (NIW) I-140 petitions. The USCIS...
The U.S. Department of State (DOS) has released the February 2023 Visa Bulletin. There is almost no movement in the employment-based categories from the previous month. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin...
