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The employment-based green card petition when PERM is required

The employment-based green card petition when PERM is required

BY Beata McCann

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September 5th, 2023

If you are an employer looking to sponsor a foreign national employee for a green card, you may find the process to be complex, especially when PERM is involved. It is an extremely lengthy process involving many steps which are subject to strict timelines. The regulations are exacting, and documentation requirements are strict. Before you undertake this process, you should understand the terminology, the various stages, the timing, and employer requirements.

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The EB-2 National Interest Waiver (NIW) green card

The EB-2 National Interest Waiver (NIW) green card

BY Beata McCann

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July 18th, 2023

A PERM-based green card application is a lengthy process. However, if your employment endeavor is one of national interest, you may be able to bypass the PERM process and self-petition for a green card in the EB-2 NIW category.

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The H-1B visa

The H-1B visa

BY Beata McCann

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July 18th, 2023

There are two (2) main categories of immigration into the United States: family-based immigration and business-based immigration. Business-based immigration is dependent upon business needs and relationships. The H-1B visa is the most recognized nonimmigrant visa for employment-based immigration.

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The O-1 visa: Individuals with Extraordinary Ability or Achievement

The O-1 visa: Individuals with Extraordinary Ability or Achievement

BY Beata McCann

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June 25th, 2023

The O-1A visa is for individuals who have demonstrated extraordinary abilities in the sciences, arts, education, business, or athletics. The O-1B visa is for individuals who have demonstrated extraordinary achievement in the motion picture or TV production business. The regulations list 8 criteria that are indications of extraordinary ability; to qualify for the visa, 3 criteria must be met.

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Department of Labor's (DOL) requirement for maintaining a Public Access File (PAF) in connection with H-1B, H-2B, H-1B1, and E-3 visa petitions

Department of Labor's (DOL) requirement for maintaining a Public Access File (PAF) in connection with H-1B, H-2B, H-1B1, and E-3 visa petitions

BY Beata McCann

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January 1st, 2024

The PAF is a crucial component of the H-1B, H-2B, H-1B1, and E-3 visa programs, designed to promote transparency and accessibility of information related to the employment of foreign workers. Employers sponsoring foreign nationals under these visa categories are required to maintain a PAF throughout the duration of the worker's employment in the United States.

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Navigating the Visa Bulletin: A Comprehensive Guide

Navigating the Visa Bulletin: A Comprehensive Guide

BY Beata McCann

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January 13th, 2024

Some of the most confusing topics in the U.S. green card process are the idea of Priority Dates and the Visa Bulletin. However, it is critical to understand the Visa Bulletin because it dictates when a foreign national is able to file for his/her green card.

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