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New USCIS Policy Creates I-140 Revocation Notice Rights to AC21 Porting Beneficiaries; Requires Proactive AC21 Porting Filing

In a November 11, 2017 Policy Memorandum, USCIS has formally adopted a recent AAO decision in Matter of V-S-G Inc. and has provided guidance on its impact on AC21 beneficiaries where the underlying I-140 immigrant petition is being revoked.   The new policy memorandum states that beneficiaries who have properly ported their green card process to [...]

By | 2017-12-07T10:05:46+00:00 December 7th, 2017|AOS, Articles, Employees, Employers, I-140, I-485, News, News Alert, Policy|

I-140 EAD/Job Portability Final Rule Released – Analysis and Overview of the Upcoming Changes and System Fixes

The Department of Homeland Security (“DHS”) has just released the final text (also copy of Federal Register version) of the rule seeking to improve certain aspects of the employment-based immigration system.  The new rule seeks to implement certain changes to the non-immigrant and immigrant visas in order to better allow US employers to [...]

By | 2017-05-20T21:47:03+00:00 November 17th, 2016|AC21, I-140, News, News Alert|

Appeals Court Creates Right of I-140 Revocation Notice to New AC21 Sponsor Employer

In an August 3, 2016 opinion, the U.S. Court of Appeals for the Seventh Circuit held that in situations where beneficiaries of I-140 petition have ported their I-485 adjustment of status application to a new employer pursuant to the AC21 portability provisions, USCIS is required to provide a notice of its intent [...]

By | 2017-05-20T21:47:04+00:00 August 18th, 2016|AOS, Employers, I-140, I-485, News|

US Appeals Court Creates a Notification Right to Affected Parties Prior to I-140 Revocation

In a December 30, 2015 opinion, the Second Circuit Court of Appeals has handed a decision (Mantena v. Johnson) which requires USCIS to provide notice of its intent to revoke an immigrant I-140 petition to certain parties who may be affected by the I-140 revocation.     Specifically, this notification provision would apply to [...]

By | 2017-05-20T21:47:07+00:00 January 10th, 2016|Articles, I-140, I-485, News|

I-140 Portability/EAD Draft Rule Released – Analysis and Overview of the Proposed Changes and System Fixes

On November 17, 2016, USCIS released the final version of this rule. On December 31, 2015 USCIS released a draft of the proposed and long-awaited rule seeking to improve certain aspects of the employment-based immigration system. The proposed rule seeks to implement certain changes to the non-immigrant and immigrant visas in order [...]

By | 2017-05-20T21:47:07+00:00 January 10th, 2016|Articles, H-1B, I-140, Immigration Reform, News, News Alert|

EB-1 Processing Statistics

USCIS has provided some interesting statistics relating to the processing of Form I-140 petitions for classification of foreign nationals under the employment-based first (EB-1) category.    The statistics reflect the number of receipts, approvals, denials and RFEs issued during a fiscal year and are helpful in understanding general EB-1 adjudication trends. The EB-1 Statistics Texas Service [...]

By | 2011-08-25T12:45:43+00:00 August 25th, 2011|Articles, EB-1, I-140, News|

Texas Service Center Premium Processing Unit Sends Old I-140 Receipt and Approval Email Notices (Updated)

It may seem like an April Fools Day joke at first sight, but apparently it is not.  The Texas Service Center has been issuing and emailing premium processing receipt and approval notices for I-140 cases filed as far back as April 2010. Example of I-140 Email Notice The emails (delivered on April 1, 2011) look [...]

By | 2011-04-01T17:10:50+00:00 April 1st, 2011|Articles, I-140, News, USCIS|

Update on EB-2 Visa Availability: Low EB-1 Demand to Cause EB-2 India to Advance

A recent update from USCIS and Charles Oppenheim at the Department of State (the person who is responsible for the Visa Bulletin and visa number allocations) should provide some hope to applicants in some categories, but most notably to the EB-2 India category. Low EB-1 Demand to Cause Visa Number Spillover to EB-2 USCIS has [...]

By | 2017-05-20T21:48:19+00:00 March 30th, 2011|Articles, I-140, I-485, News, Visa Bulletin|

Filing a New I-140 When Another I-140 Is Pending on Appeal

In addition to the numerous inquiries on filing a new I-140 when a previous I-140 is pending on appeal, our office handles a number of such new I-140 filings.   Pursuant to USCIS guidance, a previously approved labor certification which was timely used to file an I-140 can, in many circumstances, be subsequently used to file [...]

By | 2010-05-17T09:26:55+00:00 May 17th, 2010|AAO, Articles, I-140, I-290B, News|

AAO Decision on Substituted Labor Certifications

In a decision dated as of March 26, 2010, the Administrative Appeals Office (AAO) has spelled out what we think is an an important policy change affecting employment-based permanent residency applicants who are beneficiaries of a labor certification either as a substitute or as the initial beneficiary of a subsequently-substituted labor certification. Brief Background on [...]

By | 2017-05-20T21:48:50+00:00 April 3rd, 2010|AAO, Articles, I-140, I-485, News, Policy|