PERM and Inadvertent Errors

The current labor certification process known as PERM has been around for several years now.  While it was originally touted as being a streamlined, easier way to do the labor certification process that would get rid of backlogs, etc.  it has not turned out that way at all.  Instead, it has become what I would

What Type of Questions Can an Employer Ask At A Job Interview?

For immigrants, it can sometimes be tough looking for a job, as there are employers who are simply not interested in hiring people on temporary visas.  For employer, it can be difficult to know what you can and cannot ask about someones immigration status without running afoul of discrimination laws.   Recently the Office of

July 2016 Visa Bulletin and Check-In with DOS

The Department of State (DOS) released the July visa bulletin recently and Charlie Oppenheim, the person at the DOS who is in charge of the visa bulletin also updated the American Immigration Lawyer’s Association on what further movement or backlogs can be expected in the near future. For family based cases, there was not much

USCIS, EAD Cards and Adjustment Interviews

When you go in to USCIS to be interviewed for your I-485 application, it has been the practice for USCIS to take your EAD card at that time.  Why did they develop this policy?  Really who knows.  It makes no sense as you are not yet approved and need the EAD to travel and work.

Does Hiring an Attorney Increase Your Chances of Success with USCIS?

I have had many potential clients ask me this question, and I wish I could give a simple “yes” or “no” answer. There are two things I can say for sure. First, just the fact that you have an attorney, while it does not make it more likely, in and of itself that the case

How Important is a Complete I-9 Form for Each Employee?

Everyone is familiar with the I-9 form, and for many employer, it seems unduly burdensome and they treat it as a formality – as long as the person has the right documents, whether the form is fully complete or not doesn’t really matter,. However, according to our law, and, in some ways more importantly, ICE

October Visa Bulletin and Check in With the Dept. of State

Because of the new format of the Visa Bulletin, it will be easier for me to break these updates into two sections:  Section 1 will discuss the Final Action Date; and, Section 2 will discuss movements in the Dates for Filing section. Final Action Date Movements: Family Based:  Most categories moved forward somewhere between 1-2

Delay in having your EAD issued? You are not the only one.

USCIS, under it guidelines, is suppose to adjudicate an EAD application for an adjustment applicant within 90 days of filing.  If they are unable to do so, the regulations clearly state that an interim EAD is suppose to be made available to the applicant.  However, realistically, USCIS has not had a process in place to

Court of Appeals AC21 Decision helpful to those using AOS Portability

The 11th Circuit Court of Appeals recently decided a case, Kurapati v. USCIS in which the Court issued an important decision that helps those who filed an adjustment based upon an approved I-140 that was sponsored by an employer they no longer work for. In most such cases, there is no real issue.  According to

H-1B Process: The LCA

Every employer who wants to sponsor an immigrant for an H-1B has to file, and get certified, a Labor Condition Application (LCA).  But what is the LCA and why is it important?  The LCA has two specific purposes.  First, it is there to make sure that foreign workers are not paid wages that are lower

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