New I-485 Supplement J Required for Most Employment-Based​ I-485 Filings

USCIS has received a new form – I-485 Supplement J – for those filing an I-485 (or to update an already filed I-485).  The new form is required for ALL persons filing an I-485 based upon an approved I-140 or a pending I-140 EXCEPT those filing a National Interest Waiver application or an Extraordinary Ability

H-1B/PERM Update – Who Can Pay Fees?

Recently, an Administrative Law Judge ruled against the Department of Labor (DOL) in a very interesting case allowing the employer to recoup fees from an employee for the H-1B visa process.  Before going into the specifics of the case, it is important to understand what the DOL regulations are in this area. The DOL, in its

Timelines for Prevailing Wage Determinations Now More Than 4 Months

The DOL recently reported that Prevailing Wage requests for both H-1B and PERM cases are taking about 5 months to process.  For those planning to file an employer sponsored PERM case, this means really advance planning is needed.  Prior to advertising it is important to have the prevailing wage determination, otherwise you may have to

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

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