Answer There is no need to add a new spouse to a pending or approved I-140. Similarly, if you remarry while your I-485 is pending, there would typically be no need to add the spouse to your pending I-485. So long as the marriage takes place...
Answer Once a green card is issued, the sponsoring employer has no ability to cancel or revoke it. If a person leaves an employer immediately after being issued the green card, this could create problems with the USCIS. But, given that a year has passed and...
Answer An H1B extension denial normally would have no impact on an approved I-140. As for returning to the U.S., one typically could have another H1B petition filed on one's behalf for consular notification. Assuming it is approved, it should be possible to apply for an...
Answer On November 21, 2019, a new regulation will go into effect that raises the minimum investment amount for EB5 cases to $1.8 million, or $900,000 if the investment is made in a targeted employment area (TEA). A TEA is a rural area or area of...
In early June 2019, the Office of Foreign Labor Certification (OFLC) at the U.S. Department of Labor (DOL) began rolling out the Foreign Labor Application Gateway (FLAG) system, a cloud-based system, which is replacing iCERT. On June 10th, OFLC started accepting applications for prevailing wage...
Answer To file for one's I-485 with another employer, a new PERM and I-140 would normally be required. But the approved I-140 still provides some benefits.Generally speaking, once an I-140 has been approved, the priority date can be used for any other I-140 filed on behalf...
Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the August 2019 Visa Bulletin, Mr. Oppenheim discussed some of the higher-than-normal demand in various categories, and...
The U.S. Department of Homeland Security (DHS) is scheduled to publish in the Federal Register a final rule related to the employment-based, fifth preference (EB5) immigrant investor program that will dramatically increase the minimum investment requirements, among other changes. The final rule will apply only...
Answer The Fairness for High-Skilled Immigrants Act of 2019 (i.e., H.R.1044) is a bill that was passed by the U.S. House of Representatives, but it is not law. To become law, the U.S. Senate would need to pass the bill, and then it would need to...
Answer One MUST be in the United States to file an I-485. If one is not, s/he must apply for a green card through consular processing with the U.S. Department of State at a U.S. consulate. The employer may need to file form I-824 to convert...
