NEWS

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

Precedential National Interest Waiver Decision: Matter of Dhanasar

In Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), the Administrative Appeals Office (AAO) created a precedential new test for a national interest waiver in sustaining the appeal and approving a national interest waiver petition under INA §203(b)(2)(B)(i). USCIS may grant a national interest waiver of the labor certification, which allows for self-petitioning by READ MORE