Today, the U.S. Department of State (DOS) released the July 2023 Visa Bulletin. The most notable change in the latest visa bulletin is further retrogression in the employment-based, third preference (EB3) category. All cutoff dates listed refer to those in the final action chart (i.e.,...
Answer If there has been a material change to the nature of the position (as described on the ETA9089 form) that typically would require a new PERM labor certification and I-140 petition for that new position. Given that you have an approved I-140, however, you should...
Today, the U.S. Department of State (DOS) released the June 2023 Visa Bulletin. Most cutoff dates in the employment-based categories remain unchanged. 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)...
Today, the Office of Foreign Labor Certification (OFLC) announced that it is postponing the implementation date for using the new Foreign Labor Application Gateway (FLAG) system until June 1, 2023. The full announcement reads as follows: "Following up on the announcements of April 21, April 27,...
Answer Unfortunately, a PERM case that has only made it to the recruitment phase typically cannot be used as a basis for extending H1B status beyond the standard 6-year max. (11.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
The Office of Foreign Labor Certification (OFLC) soon will cease accepting form ETA 9089, application for permanent employment certification (PERM), via the legacy PERM online filing system, and instead will require all such applications to be submitted through the Foreign Labor Application Gateway (FLAG) system....
The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority...
Answer The EB1(a) category is reserved for foreign nationals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. This tends to be a very high bar. If the USCIS denies your petition, this would not prevent you from refiling later. The USCIS...
Answer In order to qualify for an H-4 EAD, the principal H1B spouse must either (1) be the beneficiary of an approved I-140, or (2) have extended H1B status beyond six years based on the American Competitiveness in the Twenty-First Century Act (AC21). If your husband's...
The U.S. Department of Labor (DOL) has agreed to review denials of ETA form 9089, application for permanent employment certification (PERM labor certification) based on question H.10-B, which asks employers to identify an acceptable alternate occupation in which applicants could gain prior qualifying experience. After...
