Author Archive

To File or Not to File: Is an Amended H-1B Petition Required When the Worksite Changes?

9/10/2012 Written by Andrew M. Wilson

Immigration law has become more art than science, more speculation than certainty. In many scenarios there is no “right” answer, no simple yes or no. Many times there are only conservative and aggressive approaches to a certain case. That lack of certainty makes attorneys uncomfortable, and employers who want to be compliant with the law […]Read More >

Retaining Employment-Based Priority Date for Future I-140 Filings

8/28/2012 Written by Andrew M. Wilson

One common question that we frequently receive is whether it is possible to keep a priority date from a previously approved I-140 and use it for future green card filings.  An example reads: Example Individual has approved PERM labor certification application filed through Company A.  Individual subsequently has I-140 petition under EB-3 preference category approved […]Read More >

How to Determine Whether a PERM Labor Certification Green Card Case Falls Under the EB-2 or EB-3 Preference Category

8/23/2012 Written by Andrew M. Wilson

One of the most common inquiries I receive from HR professionals is how to determine whether an employment-based green card case falls under the EB-2 or EB-3 preference category. In general, an EB-2 or EB-3 case will be as follows: EB-2 Employment-Based Second Preference (EB-2) includes: (1) Members of professions holding advanced degrees (Master’s or […]Read More >

Helpful Guidance for HR Managers on I-9, E-Verify and SSA No Match Letter Issues

3/22/2012 Written by Andrew M. Wilson

Below is a link to helpful guidance on non-discriminatory practices during the I-9 process, E-Verify, SSA no-match letters, pre-employment inquiries and other related issues. See: http://www.justice.gov/crt/about/osc/htm/techletters.phpRead More >

EB-2 Priority Dates for India and China Will Retrogress

3/20/2012 Written by Andrew M. Wilson

Charlie Oppenheim, Chief, Visa Control and Reporting at DOS, recently announced at a recent AILA conference that he will likely retrogress India and China-mainland born EB-2 priority dates to around August 2007. This is likely to happen within the next 1-2 months. He also commented that he expects that all EB-1 visas available in FY2012 […]Read More >