Employment Based immigratiom | Root Law Group

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H-1Bs for Foreign National Seeking Second Degree at Institution Authorizing Immediate CPT

Background Information Recently, there have been a lot of examples indicating that U.S. Citizenship and Immigration Services (“USCIS”) has taken a restrictive reading of 8 C.F.R. § 214.2(f)(10) and as a result, it has issued a limited number of Requests for Evidence (“RFEs”) and denials for H-1B change of status petitions where the foreign national […]

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DOL Statistics on PERM Program from First Quarter of FY2018

DOL’s OFLC statistics on the PERM program as of 12/31/17, including number of applications received, top occupations, work site states, industries, visa classifications, country of citizenship, and minimum educational requirements, as well as number of certified, denied, and withdrawn applications. OFFICE OF FOREIGN LABOR CERTIFICATION Permanent Labor Certification Program – Selected Statistics, FY 2018 YTD* […]

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Timing is Everything in PERM

Introduction Throughout our lives, we’ve always heard the quote, “Timing is Everything.” In the practice of immigration law, we have come to learn the hard way that this is true. Knowing how that timing works is essential for the PERM process because it is important to make time work in favor of the sponsoring employer […]

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Chain-based vs Merit-based immigration

Chain migration Chain-based immigration also known as “family-based immigration” allows an individual to obtain a permanent residency (Green Card) based on his/her family relationship.  Spouses and minor children of a lawful US citizen or a legal permanent resident qualify as immediate relatives and do not need to wait for a visa number. For those individuals, there’s no […]

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Practice Alert: EAD and Advance Parole Adjudication Delays

AILA has received multiple reports from members regarding the delayed adjudication of Forms I-765, Application for Employment Authorization and Forms I-131, Application for Advance Parole. Reports indicate that I-765 applications are taking approximately 4.5 to 5+ months to process, though some members have reported I-765 applications taking up to 7 months to process. I-131 applications […]

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HIGH-SKILLED IMMIGRATION IN A TIME OF HIGH UNCERTAINTY

For decades, business immigration law, and high-skilled business immigration in particular, was something of a transactional practice.  There was little debate that our country benefits when American employers have access to the world’s best and brightest talent, and while there were difficult cases, there was also a substantial level of predictability. Quite simply, software engineers, […]

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Pending Asylum. Alternative options to obtain a permanent resident status

If you have a pending Asylum case, there may be another option available for you to obtain a permanent resident status. Individuals with pending affirmative Asylum applications can file for immigrant status, including employment (i.e. PERM, EB-1) or family petition. Following conditions must be met in order for a potential petitioner to be eligible: 1. […]

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USCIS Adjustment of Status Filing Dates for December 2017

Dates for Filing Family-Sponsored Adjustment of Status Applications: Final Action Dates for Employment-Based Adjustment of Status Applications:   Source: AILA Doc. No. 17112836.

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Employment based Green Card

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How do I Demonstrate an Employer-Employee Relationship if I own the Company?

If you own your company you may be able to demonstrate that an employer-employee relationship exists if the control of your work is exercised by others.  For example, if your company has a board of directors, preferred shareholders, investors, or other factors that show your organization has the right to control the terms and conditions […]

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