I-140

How to Handle I-140 Ability to Pay Cases (and RFEs)?

One of the key aspects of an I-140 immigrant petition is proving the employer’s ability to pay the offered wage not only as of the priority date (for most cases this is the date of filing of the PERM Labor Certification) but also until the beneficiary obtains permanent residence – a period that can span [...]

By |2022-03-27T12:46:21-04:00March 27th, 2022|Articles, I-140, News, News Alert|

USCIS Increases I-907 Premium Processing Filing Fee Starting November 29, 2019

The Department of Homeland Security has announced that they are increasing the I-907 premium processing service filing fee by $30 from $1,410 to $1,440.   The new premium processing filing fee increase will become effective for all requests mailed, postmarked [...]

By |2019-10-30T12:42:08-04:00October 30th, 2019|Articles, Fees, H-1B, I-140, News, News Alert|

USCIS Increases I-907 Premium Processing Filing Fee Starting October 1, 2018

The Department of Homeland Security has announced that they are increasing the I-907 premium processing service filing fee to $1,410.   The new premium processing filing fee increase will become effective for all requests mailed, postmarked or otherwise filed on [...]

By |2018-09-06T11:34:59-04:00September 6th, 2018|Articles, Employers, Fees, H-1B, I-140, News, News Alert|

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 |2017-12-07T10:05:46-05:00December 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 [...]

By |2017-05-20T21:47:03-04:00November 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 [...]

By |2017-05-20T21:47:04-04:00August 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 [...]

By |2017-05-20T21:47:07-04:00January 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 [...]

By |2017-05-20T21:47:07-04:00January 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 |2011-08-25T12:45:43-04:00August 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 |2011-04-01T17:10:50-04:00April 1st, 2011|Articles, I-140, News, USCIS|

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