USCIS Issues Guidance on Employers’ Financial Ability for Green Card I-140 Employment-Based Immigrant Visa Petitions

On January 5, 2024, USCIS issued a policy alert on establishing an employer’s ability to pay the proffered wage for certain Form I-140 employment-based immigrant visa petitions (green cards).  Employers sponsoring foreign national employees for green card status under EB-1, EB-2 and EB-3 preference employment-based immigrant visa classifications that require a job offer must show READ MORE

PERM Lawsuit Settlements for Apple, Facebook and SpaceX  

The realm of employment-based immigration is fraught with complexities, and the intricacies of the Program Electronic Review Management (PERM) labor certification process – the first stage for most employment-based green card cases – can be especially challenging for employers. In recent months, the Department of Justice (DOJ) has settled disputes with Apple and Facebook over READ MORE

What Happens to My Immigration Case if the Government Shuts Down?

The US government is currently operating under a continuing resolution (CR) that expires on November 17, 2023. If Congress fails to pass a new CR or spending bills by that date, the government will shut down.  A government shutdown can have a significant impact on immigration services. Here is an overview of what to expect: READ MORE

Employment Authorization for Foreign Workers with Compelling Circumstances

If you have heard that USCIS issues employment authorization documents (EADs) based on compelling circumstances, you may be wondering if you qualify. In this blog post, we will explain eligibility for these EADs and how USCIS defines compelling circumstances. USCIS issues EADs based on compelling circumstances to help foreign workers who are employed in the READ MORE

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

PERM Labor Certification Recruitment and the Disqualification of Applicants

The PERM labor certification application is the first stage for most immigrants in an employment-based case for legal permanent residency. The PERM process is designed to protect US workers by requiring employers that sponsor foreign nationals to offer at least the prevailing wage for the position and then conduct a test of the US labor READ MORE