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 >
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 >
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 >
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 >
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 >