The US company must be willing to pay a prevailing wage to the foreign worker and must obtain a prevailing wage determination as part of the PERM process.
Khadija DerrickOctober 20, 2021
When filing an employment based Adjustment of Status, you may also have to submit a Supplement J form.
Khadija DerrickSeptember 24, 2021
The US company should file the I-140 petition within 180 day period after the Labor Certification was certified.
Khadija DerrickSeptember 23, 2021
We just had a green card petition approved for a diversity visa lottery winner. The petition was submitted to USCIS in June and was approved in about 2 months!
Khadija DerrickAugust 16, 2021
If you have a green card petition pending and you obtained your Advance parole card based for example on marriage to U.S. citizen or green card holder, you do not need to apply for a National Interest Exception.
Khadija DerrickJuly 14, 2021
Avoid the pitfalls of expressing an immigrant intent while holding an E-2 Visa
Khadija DerrickMay 18, 2021
NIW applicants have the benefit of self-petitioning. Entrepreneurs, consultants and other applicants who want more flexibility in their future work plans may prefer to self-petition.
Khadija DerrickApril 28, 2021
You can file your N-400 petition if your I-751 petition is pending, but you request that USCIS adjudicates the I-751 at your naturalization interview.
Khadija DerrickApril 21, 2021
NIW applicants who are qualifying based on exceptional ability should provide as much documentation as possible to show they are exceptional compared to others in their field.
Khadija DerrickApril 13, 2021
When filing a green card petition, you will have to demonstrate that you are domiciled in the U.S.
Khadija DerrickApril 5, 2021
Potential options for noncitizens seeking a green card with pending removal orders.
Khadija DerrickApril 2, 2021
If you are a green card holder and you spend a significant amount of time outside the U.S.
Khadija DerrickMarch 25, 2021
The National Interest Waiver (NIW) is an employment based green card category. The NIW falls under the EB-2 category, which means that as a threshold requirement each applicant must have an advanced degree or its equivalent (a bachelor’s degree plus 5…
Khadija DerrickMarch 11, 2021
The Biden Administration announced that it will no longer defend the 2019 public charge rule in court. The rule went through many different lawsuits, causing constant changes in the implementation of the rule, sometimes changing from one day to the…
Jenny ZhanMarch 10, 2021
The National Interest Waiver (NIW) is an employment based green card category that permits applicants to self-petition. The NIW falls under the EB-2 green card category, which means that any applicant must have an advanced degree or equivalent (a baccalaureate or…
Khadija DerrickMarch 10, 2021
The National Interest Waiver (NIW) is an employment based green card category that permits the applicant to self-petition. Applicants can also be sponsored by an employer. The “waiver” part of the National Interest Waiver is based on the fact that this green…
Khadija DerrickMarch 8, 2021
A National Interest Waiver is a green card petition that falls under the employment-based second preference (“EB-2”) category. Normally in this category an employer must go through a PERM labor certification process where they undertake a recruiting exercise to show…
Jenny ZhanMarch 4, 2021
As described in an earlier blog post, one option for those who have been waiting an unreasonably long time for the government to adjudicate their immigrant petition is suing USCIS through a mandamus action. Some who are considering this option…
Jenny ZhanMarch 4, 2021
The National Interest Waiver (NIW) is an employment based green card category that permits self-petitioning. The waiver part of the name is based on the fact that this green card is granted based on a waiver of the job offer…
Khadija DerrickMarch 1, 2021
The National Interest Waiver (NIW) is an employment based green card option in the EB-2 category. To qualify for an EB-2, the applicant must have an advanced degree or its equivalent (a bachelor’s degree plus 5 years of post-baccalaureate, progressive…
Khadija DerrickMarch 1, 2021
Marriage and Green Card Preference Categories U.S. citizens and lawful permanent residents (LPRs) can petition for certain family members to receive green cards. These family members include married and unmarried sons and daughters of U.S. citizens, and unmarried sons and…
Khadija DerrickMarch 1, 2021
On April 23, 2020, the former president suspended the entry of certain employment and family-based green cards for 60 days. This proclamation was originally signed on April 22, 2020 (and was valid for 60 days), and President Trump later extended…
Jenny ZhanFebruary 25, 2021
To qualify for the EB-1A Green Card, you will need to prove that you are one of the small percentage of people who have risen to the very top of your field. To prove that you qualify for the Eb-1A green card,…
Jenny ZhanFebruary 24, 2021
Employers looking to hire permanent workers in occupations listed on the U.S. Department of Labor’s Schedule A, including Professional Nurses and Physical Therapists, are able to bypass the time-consuming process of applying for a certified labor certification application through the…
Jenny ZhanFebruary 23, 2021
