Employers’ Ability to Pay the Wage for Employment-based Immigration

On March 15, 2023, USCIS issued policy guidance to explain how it analyzes an employer’s ability to pay the proffered wage in certain employment-based I-140 immigration petitions, including PERM labor certification-based cases.  This article will discuss this policy guidance as well as the general rules for employers to document their ability to pay the proffered READ MORE

Premium Processing for Immigration Cases Expanded

Frustrated by lengthy processing times for visas and employment authorization? USCIS offers a solution, but it comes at a price and does not affect your chances of success. With premium processing, USCIS guarantees that it will take adjudicative action on your petition within a shortened time frame. That action must either be an approval notice, READ MORE

Agents as Petitioners for O-1 and P-1 Petitions

Beneficiaries of O-1 extraordinary ability and P-1 athlete and entertainer petitions may be sponsored by agents in place of a traditional employer. The agent must be representing a foreign or US single or multiple employers.  This is particularly helpful for petitions involving projects with multiple third party employers where it would be onerous to require READ MORE

Extraordinary Ability Immigrant Visa Petitions (EB-1A) Approved for Nepalese Singer and Indian Sociology Professor

My office has obtained Form I-140 immigrant visa petition approvals pursuant to the EB-1A extraordinary ability preference category for a Nepalese singer and songwriter and an Indian professor of sociology who conducted superlative research in the comparative labor market. The key to a successful EB-1A extraordinary ability immigrant visa petition is appropriately framing and narrowing READ MORE