This morning, the U.S. Department of State (DOS) released the July 2025 Visa Bulletin. As with recent months, movement remains limited in the employment-based categories. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First...
The PERM labor certification is the first in a three-step process in the majority of employment-based, permanent resident (commonly referred to as “green card”) cases. The PERM process is long and complex, and it can be overwhelming for a company pursuing the process for any...
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...
This morning, the U.S. Department of State (DOS) released the June 2025 Visa Bulletin. As with recent months, movement remains limited in the employment-based categories. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First...
The U.S. Department of Homeland Security (DHS) has reportedly frozen the Enumeration Beyond Entry (EBE) program under which noncitizens could request a social security number on various U.S. Citizenship and Immigration Services (USCIS) forms, including Form I-765, Application for Employment Authorization; Form I-485, Application to...
Under the PERM labor certification process, supporting documentation is not submitted to the U.S. Department of Labor (DOL) with the PERM application. Instead, the employer must retain the required documents and produce them for the DOL in the event of an audit. The requirements for...
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...
When an individual applies for lawful permanent resident (LPR) status (commonly, a green card) in the United States, certain family members may also qualify for LPR status as derivative beneficiaries. Such family members typically include the principal applicant’s spouse and any unmarried children under the...
