Employers sponsoring foreign workers for permanent residence through the PERM labor certification process should be aware of a growing trend at the U.S. Department of Labor (DOL). Recent Requests for Information (RFIs) suggest that DOL is taking a closer look at whether sponsoring employers can demonstrate their ability to pay the offered...
Category: I-140
What Employers Should Know Before Terminating Foreign Workers
Terminating an employee is never an easy decision. When the employee is working in the United States under a temporary work visa or employment-based immigration status, employers must also consider important immigration compliance obligations that may continue even after employment ends.
Many companies are surprised to learn that immigration-related...
From H-1B to Canada PR: Can You Move to Canada and Return to the U.S. Later?
For skilled professionals on H-1B status, the U.S. green card backlog — particularly in EB-2 and EB-3 for Indian and Chinese nationals — can stretch for decades. As a result, many individuals are exploring Canada’s Express Entry system as a parallel path: obtaining Canadian permanent residence more quickly, building long-term stability, and...
Understanding Work Authorization for H-4 Visa Holders: What You Need to Know
For many spouses of H-1B visa holders, navigating life in the U.S. comes with questions about employment rights. One of the most common concerns raised by H-4 visa holders is whether they can legally work in the United States. While the H-4 visa allows dependents to live in the U.S., attend school,...
Can Employers Recoup Visa Sponsorship Costs? A Closer Look at Repayment Agreements
Hiring highly skilled foreign workers is sometimes the only way for companies to fill critical roles, especially in fields like technology, engineering, and science. However, the cost of sponsoring these employees for work visas and permanent residency can add up quickly. So, what happens if the employee resigns shortly after the company...
Navigating USCIS Fee Rules: A Guide for Employment-Based Petitioners
In the complex world of U.S. immigration, ensuring compliance with United States Citizenship and Immigration Services (USCIS) fee requirements is paramount for employment-based petitioners. USCIS has recently updated its Frequently Asked Questions (FAQs) section regarding the USCIS Fee Rule. This blog post aims to clarify the new and existing FAQs to help...
Exploring the Path to a U.S. Green Card Through the National Interest Waiver (NIW)
For many ambitious professionals around the world, the National Interest Waiver (NIW) represents a critical pathway to achieving their American dream. This special provision falls under the EB-2 visa category, specifically designed for individuals with exceptional abilities or who hold advanced degrees. In this blog post, we will explore the specifics of...
Understanding the New USCIS Filing Fee Adjustments: A Comprehensive Guide for Clients
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Navigating the Upcoming USCIS Fee Changes: Strategies for Employers
In the face of rising operational costs and the relentless march of inflation, the U.S. Citizenship and Immigration Services (USCIS) has announced a significant update to its fee structure for various immigration-related filings. Effective April 1, 2024, these changes mark the first fee adjustment since 2016, underscoring a critical development for employers...
New USCIS Premium Processing Fees Now in Effect: A Comprehensive Guide to the 2024 Adjustments
As previously announced, U.S. Citizenship and Immigration Services’ new inflation-adjusted premium processing fees take effect today, increasing the filing fee for Form I-907, Request for Premium Processing. USCIS published a final rule announcing the change on Dec. 28, 2023.
The USCIS Stabilization Act established the current premium processing fees and...