15 Oct 2020

Can I file my EB3 downgrade case using premium processing?

Answer UPDATE: The American Immigration Lawyers Association (AILA) reports that some members have successfully made premium processing requests with I-140 downgrade petitions. However, many others have reported that their premium processing requests were rejected, and some even had their entire petitions rejected because of the accompanying...

15 Oct 2020

I am filing an EB3 downgrade case. I read online that, if I use my I-485 EAD (as opposed to staying on H1B,) I will no longer be eligible to upgrade back to EB2. Is that true?

Answer For our clients who are on H1B, we normally recommend that they remain on H1B until the green card is issued, if possible. The main reason for this is as a simple precaution in case the I-485 is denied. (i.e., If an I-485 applicant maintains...

01 Oct 2020

NewsFlash! Court Partially Blocks Enforcement of Executive Order Banning Entry of Certain Nonimmigrant Workers

Today, a federal district court in California issued a preliminary injunction, blocking the enforcement of President Trump's June 22, 2020 executive order that bans entry of certain nonimmigrants in H, L, or J status.  However, this injunction only applies to the plaintiffs in the pending...

01 Oct 2020

Overview of Coming Changes to Premium Processing

On September 30, 2020, the Continuing Appropriations Act, 2021 and Other Extensions Act was signed into law, funding the federal government through December 11, 2020. Included in the bill is a provision that dramatically changes the premium processing service offered by the U.S. Citizenship and...