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

AAO Finds I-140 Petitioner Established Executive Nature of the Position

The AAO found that the Nebraska Service Center (NSC) erred in the denial of an EB-1 Form I-140 Multinational Executive petition, finding that the beneficiary’s duties were primarily executive in nature.  Matter of R-V, ID#16025 (AAO, May 10, 2016).  The AAO set forth the regulatory (8 CFR §204.5(j)(5) and statutory (8 USC §1101(a)(44)(B)) definitions of executive capacity, READ MORE