Employer-Based Immigration Law

Switching from H-1B to F-1 visa status

We recently were informed of a young soon-to-be graduate student who quit her H-1B job in June while waiting for her change of status application to be approved for a start date in graduate school in September of that year. USCIS issued her a Request for Evidence asking for her most recent paycheck stubs. Current… Read more »

Print Ads for Classroom Teachers – Revisited

MOST RECENT UPDATE FROM DOL ON USE OF ELECTRONIC OR WEB-BASED JOURNAL AD INSTEAD OF PRINT AD FOR CLASSROOM TEACHERS AT COLLEGES AND UNIVERSITIES: In our Blog Posting from September 02, 2011, we discussed the change in print ad requirements for classroom teachers – print ads no longer needed.  On September 28, 2011, the Department… Read more »

H-1B specialty occupations: Expect an RFE

H-1B specialty occupations for small business – expect a Request for Evidence (RFE) In its arsenal of tools aimed at keeping out foreign workers, USCIS is now pushing back on H-1B petitions filed for small business claiming that the position is not for a specialty occupation which requires a specialized program of academic study because… Read more »

PERM and University Recruitment: Print Ad Not Required

Print ad no longer required for university recruitment under special handling PERM certification for university or college teachers. Up until now the Department of Labor (DOL) has refused to keep up with the real world by continuing to require that the centerpiece of university recruitment under the special handling PERM procedures for college or university… Read more »

Stop the Reverse Brain Drain!

Last night we had a visit from a young man from India about to begin his PhD in theoretical computer science at a top U.S. university. He told us that he loves math. He had graduated top of his class at the Indian equivalent to our MIT. He also told us that his first three… Read more »

Caveat Employer: DUNS number required for visa petitions

Caveat Employer: Did you know you now need a Dun & Bradstreet number?  That is what USCIS is requiring. As an employer filing for a foreign worker you may have received a Request for Evidence (RFE)  based upon USCIS’s new fraud detection tool, the web-based Validation Instrument for Business Enterprises, or VIBE. Currently USCIS is… Read more »

Another Request for Evidence – Oh No!

Are Requests for Evidence Inevitable? I am afraid so. We and all of our colleagues, despite submitting enormous filings containing evidence on every conceivable point, are seeing Requests for Evidence (RFE) in nearly all of our cases. These days a case that goes through without an RFE is the exception and not the rule. We… Read more »

Green Card Medical Exam

Every applicant for a green card must undergo a medical exam from an immigration approved physician and must be up to date on all required vaccinations. The results of the exam must be sealed in an envelope by the physician and submitted unopened to USCIS. However, you absolutely must request a photocopy of the exam… Read more »

Maintenance of Status

Three tips – applying for an employment-based green card: Maintenance of Status By statute and by policy memo USCIS can only evaluate whether you have maintained status from the date of your last valid legal entry until the filing of your adjustment of status in an employment-based green card context. Failure to maintain status through… Read more »

Overhaul of employment-based immigration

Major overhaul of employment-based immigration to go into effect at end of this month! Attention Employers: On March 28, 2005, a new system of rules known as PERM will go into effect for obtaining certification by the Department of Labor. Such certification is normally required as the first step in the permanent residence application process… Read more »