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The Kazarian case - an end to USCIS unlawful rulemaking?

Ron Gotcher 03-09-2010

Categories:

Emp Based: Generally Emp based: EB1 EA & OR Gen imm news H1b: Generally H1b: Consulting companies

When should I consider premium processing for my I-140?

Ron Gotcher 02-26-2010

Categories:

Emp Based: Generally Gen imm news

Dealing with unavailable documents

Ron Gotcher 02-24-2010

Categories:

AOS: Generally CP: Generally Gen imm news

Adjustment of status and travel

Ron Gotcher 02-24-2010

Categories:

AOS: Generally AOS: Advance Parole Gen imm news

Upgrading to EB2: Can I use the same job?

Ron Gotcher 02-17-2010

Categories:

AOS: Generally Emp Based: Generally Emp based: PERM Emp based: EB2 adv degree Gen imm news

More on the illegitimacy of the recent USCIS H1b memo

Ron Gotcher 02-11-2010

Categories:

Gen imm news H1b: Generally H1b: Quota issues H1b: non-quota H1b: Consulting companies

Required Supporting Documents: Proof of Education

Ron Gotcher 02-09-2010

Categories:

Emp based: EB2 NIW Emp based: EB3 AOS: Generally AOS: Advance Parole AOS: EAD Emp Based: Generally Emp based: PERM Emp based: EB1 EA & OR Emp based: EB1 execs & mgrs Emp based: EB2 adv degree H1b: Generally H1b: Quota issues H1b: non-quota

Categories:

Emp Based: Generally Emp based: PERM

Categories:

AOS: Generally AOS: EAD Emp Based: Generally Emp based: PERM

What duty does a “company lawyer” owe to an employee for whom he or she has filed immigration documents?

Ron Gotcher 02-02-2010

Categories:

AOS: Generally Emp Based: Generally Gen imm news

The new DOL prevailing wage request/determination system

Ron Gotcher 12-23-2009

Categories:

Emp Based: Generally Emp based: PERM Gen imm news H1b: Generally H1b: Quota issues H1b: non-quota H1b: Consulting companies

Substituting a new I-140 into an existing I-485 file

Ron Gotcher 01-23-2010

Categories:

Emp based: EB2 NIW Emp based: EB3 AOS: Generally Emp Based: Generally Emp based: PERM Emp based: EB1 EA & OR Emp based: EB1 execs & mgrs Emp based: EB2 adv degree Gen imm news

Required supporting documents: Experience letters

Ron Gotcher 12-23-2009

Categories:

Emp based: EB2 NIW Emp based: EB3 AOS: Generally CP: Generally Emp Based: Generally Emp based: PERM Emp based: EB1 EA & OR Emp based: EB2 adv degree Gen imm news H1b: Generally H1b: Quota issues H1b: non-quota H1b: Consulting companies

The Kazarian case - an end to USCIS unlawful rulemaking?

Ron Gotcher

Published on 03-09-2010 01:05 PM

Categories:

Recently, the Ninth Circuit Court of Appeals once again slapped the USCIS Administrative Appeals Office (AAO) for unlawful ...

When should I consider premium processing for my I-140?

Ron Gotcher

Published on 02-26-2010 04:39 PM

Categories:

With the return of premium process for almost all types of I-140 petitions[1], many people are seeking to have their I-140s ...

2 Comments

Dealing with unavailable documents

Ron Gotcher

Published on 02-24-2010 08:48 PM

Categories:

Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations ...

Adjustment of status and travel

Ron Gotcher

Published on 02-24-2010 03:44 PM

Categories:

The regulations governing applications for adjustment of status make it clear that applicants may only travel abroad under ...

6 Comments

Upgrading to EB2: Can I use the same job?

Ron Gotcher

Published on 02-17-2010 10:07 AM

Categories:

Many people who have already received PERM certification and EB3 I-140 approval are now considering upgrading to EB2. One of the most frequently asked question is whether they can use the same job for the new PERM and I-140. The answer is no.

An employer may not file a PERM application with different requirements for a position that has already been certified. The new position’s duties must be s ...

More on the illegitimacy of the recent USCIS H1b memo

Ron Gotcher

Published on 02-11-2010 05:01 PM

Categories:

Because the language and reasoning of the January 8, 2010 USCIS memorandum on the subject of H1b employer-employee relationships is so convoluted, it is necessary to engage in a detailed analysis to demonstrate, conclusively, the legal and factual errors it contains. Because that memorandum is fatally flawed, it must be disregarded. It is not, after all, a regulation nor does it carry the weight o ...

Required Supporting Documents: Proof of Education

Ron Gotcher

Published on 02-09-2010 03:29 PM

Categories:

Always keep in mind that I-129 petitions for H classification and I-140 petitions for immigrant preference classification are, with limited exceptions, filed by employers, not employees. The employer, or petitioner, is required to substantiate all of the allegations made in a petition through the submission of evidentiary proof.

In the case of allegations involving educational qualifications, th ...

PERM planning

Ron Gotcher

Published on 02-09-2010 01:07 PM

Categories:

Anyone planning to begin PERM processing should move up their planned start date as the result of the DOL’s change in prevailing wage processing. Through the end of last year, the DOL required employers to obtain all prevailing wage findings through local state job service agencies. That changed as of the first of the year. The DOL now requires all prevailing wage requests to be submitted to the D ...

EAD Misconceptions

Ron Gotcher

Published on 02-08-2010 04:40 PM

Categories:

There may be more significant misconceptions concerning for I-765 (application for an EAD) than any other application or petition. Here is an FAQ that attempts to deal with some of the most common misunderstandings:

Q: I am changing employers; I need to get a new EAD, right?
A: Wrong. An EAD has nothing to do with your specific job or employer. It is something that is granted as a result o ...

What duty does a “company lawyer” owe to an employee for whom he or she has filed immigration documents?

Ron Gotcher

Published on 02-02-2010 12:40 PM

Categories:

More and more, we see situations where an employee invokes his or her rights under Section 106(c) of the American Competiveness in the 21st Century Act of 2000 (AC21) and changes employers, the employer immediately attempts to revoke the former employee’s I-140 petition. This article focuses on the role of “company lawyers” in facilitating such petition withdrawals and the duties they owe to the f ...