Employment Based (EB)

This category covers the employment based relates articles.

USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions

Announcement from USCIS Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification. We will notify the public before resuming premium processing for H-1B petitions. Who Is Affected The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017. Since FY18 cap-subject…Read More Breaking News

Advance Copy of USCIS Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Final Rule

BREAKING News: Advance Copy of USCIS Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Final Rule This document is scheduled to be published in the Federal Register on 11/18/2016- "The Department of Homeland Security (DHS) is amending its regulations related to certain employment-based immigrant and nonimmigrant visa programs. Specifically, the final rule provides various benefits to participants in those programs, including the following: improved processes and increased certainty for U.S. employers seeking to sponsor and retain immigrant and nonimmigrant workers; greater stability and job flexibility for…Read More Breaking News

What Happens to H1B and Employment Based Greencard now?

Neither the H1B visa nor the employment based greencards have actually been targeted by President-Elect Donald Trump. However, he mentioned several times in his gatherings and the debates that the "H1B visa system is being abused". By popular demand we have tried to actually analyze the H1B visa and the employment based permanent residence under the Trump administration. Hope it helps.Read More Breaking News

The Future of Immigrants and Non Immigrants Under Trump

The Shah Peerally Law Show covered issues related to immigration especially on the future of immigration law once Trump is president. This is what was reported by NPR on Trump as a President"...on the first day, I will take the following five actions to restore security and the constitutional rule of law: * FIRST, cancel every unconstitutional executive action, memorandum and order issued by President Obama * SECOND, begin the process of selecting a replacement for Justice Scalia from one of the 20 judges on my list, who will uphold and defend the…Read More Breaking News

Applying for PERM Labor Certification for a relative

The regulation at 20 C.F.R. § 656.10(c)(8) provides that an employer must attest that “[t]he job opportunity has been and is clearly open to any U.S. worker.” If an employer is a closely held corporation, partnership, or sole proprietorship, a presumption arises that the job is not clearly open to U.S. workers when the sponsored alien has a familial relationship with the owners, stockholders, partners, corporate officers, or incorporators of the employer. See Transmark Real Estate, 2011-PER-00475 (June 8, 2012); see also 20 C.F.R. § 656.17(l). The regulation at 20 C.F.R. § 656.17(l)…Read More Breaking News

BALCA Update: Filing a Second PERM for the Same Employee

This is an alert from AILA by the AILA DOL Liaison Committee On September 16, 2016, in Matter of Allianz-9-22-16, BALCA upheld the Certifying Officer’s (CO) denial where the employer had filed two PERM applications for the same employee with “substantially comparable job duties,” noting that in accordance with 20 CFR §656.24(e)(6), an employer is not permitted to have more than one labor certification actively in process for the same foreign worker in the same job opportunity.1 In this case, the employer submitted a PERM application for a “Paralegal and Legal Assistant.” The…Read More Breaking News

Possible Options for H4 Children Dependents Turning 21.

  • Posted on October 19, 2016
  • /Under H1B
Immigration For those from India and China on EB2 and EB3 visas, the waiting time is far too long (see petition for reduction Of EB2 and EB3 time). This causes much concern for those who have children that are about to turn 21. H4 visas are attached to spouses and children that are dependents or are immediate family of H1 B visa holders. The H4 Visa has no limitations for spouses as long as the H1B is valid. Children who turn 21 unfortunately lose the H4 Visa, thus causing great problems for families…Read More Breaking News

Successful Outcome in a DOL case

October 10 2016 - One year ago, a client called us for consultation in a "panic mode" because his employer was refusing to pay him on his contract as an H1B employee. We recommended his case to the Department of Labor. The latter ruled in his favor. He was able to recover his full six months salary with penalties but also he was able to transfer his H1B based on the situation without a pay check stub. Now we are looking into a U visa for him. We wish him all the best!Read More Breaking News

Only around 66,000 out of the 179,000 expected H4 EAD applied

According to an article on Bloomberg BNA by Laura.D Francis, only 37% of those eligible to file for an H4 EAD, did file. "The DHS estimated that as many as 179,600 H-4 spouses would be eligible to apply for work permits during the first year. To date, however, only 66,571 applications have been filed and 58,232 approved, according to figures provided to Bloomberg BNA Sept. 30 by U.S. Citizenship and Immigration Services, the DHS agency that handles the applications. That’s about 37 percent of the eligible population." Unfortunately, this is not surprising based…Read More Breaking News

State Department Guidance Directive on Prudential NIV Visa Revocations (Sept. 2, 2016)

The Department would like to bring to your attention a policy implemented on  November 5, 2015, which requires consular officers to prudentially revoke (i.e., without  making a determination that the individual is inadmissible) nonimmigrant visas of individuals arrested for, or convicted of, driving under the influence or driving while intoxicated, or similar arrests/convictions, that occurred within the previous five years, as detailed in 9 FAM 403.11-3(A). This requirement does not apply when the arrest/conviction occurred prior to the date of the visa application and has already been assessed within the context of a…Read More Breaking News