By way of background, immigration regulations found at 8 C.F.R. ยง204.5(g)(2) require I-140 petitioners to demonstrate the companyโs ability to pay a foreign national beneficiary upon the granting of his or her permanent residency, stating:Ability of prospective employer to pay wage Any petition filed by or for an employment- based immigrant which requires an offer of employment must be accompanied by evidence that the prospective United States employer has the ability to pay the proffered wage. The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns, or audited financial statements. In a case where the prospective United States employer employs 100 or more workers, the director may accept a statement from a financial officer of the organization which establishes the prospective employer's ability to pay the proffered wage. In appropriate cases, additional
EB1B OUTSTANDING PROFESSORS AND RESEARCHERS: COMPARABLE EVIDENCE PERMITTEDA petitioner who is filing an immigrant visa petition on behalf of an alien in the EB1B preference category for outstanding professors and researchers must submit specific evidence that demonstrates that the beneficiary is an outstanding professor or researcher. These regulations are found in 8 C.F.R. 204.5(i)(3)(i). The new regulation, which will be found in 8 C.F.R. 204.
It was denied by USCIS because Alencar did not have proper work authorization under immigration regulations, providing that an eligible applicant must have worked in a religious occupation for at least two years โin lawful immigration statusโ before the petition is filed.โ 8 C.F.R. ยง204.5(m). The Church and Alencar filed an appeal with the Administrative Appeals Office, but the denial was affirmed.In 2011, Alencar and the Church brought a suit against USCIS claiming, among other things, that the regulation used to deny the immigrant visa petition was ultra vires, or โbeyond the powersโ of the agency to promulgate.
Such material shall include the title, date, and author of the material, and any necessary translation; Evidence of the alienโs participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field; Evidence of the alienโs original scientific or scholarly research contributions to the academic field; or Evidence of the alienโs authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field. 8 CFR 204.5(i)(3). These six categories contain no โcomparable evidence provisionโ so that no matter how outstanding a scholar may be, if she does not have evidence of two or more of the above, then the path to a green card will stop at a red light.
ectric-vehicle-transition-batteries-2022-12. 2 See: Rodriguez-Sanchez, Jose Ivan, โImmigrants in Strategic Sectors of the U.S. Economy and Americaโs Labor Shortage Crisis,โ Rice Universityโs Baker Institute for Public Policy, June 14, 2022, https://www.bakerinstitute.org/research/immigrants-in-strategic-sectors-of-the-us-economy-and-americas-labor-shortage-crisis.3See Walker, Kathleen Campbell, โNAFTA TN and E Visas Support U.S. Consumers, Investment and Jobs,โ National Foundation for American Policy (NFAP) Policy Brief, April 2018. https://nfap.com/wp-content/uploads/2018/04/DAY-OF-RELEASE.TN-and-E-Visas.April-2018-1.pdf.4 See Miller, Eric and Laura Collins, โHow the United States-Mexico-Canada Agreement can address U.S. labor market mismatches,โ The George W. Bush Institute โ SMU Economic Growth Initiative at The George W. Bush Institute, December 2022. https://www.bushcenter.org/publications/how-the-united-states-mexico-canada-agreement-can-address-u-s-labor-market-mismatches.5 See 8 CFR 204.5(l)(2) (definition of professional).[View source.]
(The letter should also give details about the former supervisorโs affiliation with the former employer.)Where a previous employing entity is now defunct, a beneficiary may try to obtain a letter from a former coworker or supervisor that explains the status of the previous entity.Where a beneficiary was self-employed, the beneficiary should gather documentation confirming the duration and scope of work. (This could include financial statements, service agreements, business formation documents, letters from former customers, etc.)See 8 CFR ยง 204.5(g).Please note that while some employers have had success using the alternatives described above in support of I-140 petitions, USCIS is not required to accept alternative evidence. Simply put, if a PERM form requires employment experience, then the I-140 petition should provide an employment verification letter as contemplated in the regulations.
Under the new rule, approved I-140 petitions will remain valid for priority date retention purposes unless the petition is revoked because of fraud, willful misrepresentation of a material fact, the invalidation or revocation of a labor certification, or material error. I-140 petitions that have been approved for 180 days or more will remain valid, for various other purposes, including job portability under INA section 204(j), H-1B AC21 extensions, and eligibility for employment authorization in compelling circumstances (more below) under final 8 CFR 204.5(p), absent a particular finding.2. 10-day and 60-day Nonimmigrant โGraceโ Periods The H-1B programโs 10-day pre- and post-employment grace periods will extend to other types of nonimmigrant workers, including E-1, E-2, E-3, L-1 and TN workers.
Em 7 de abril de 2015, O Tribunal de Recursos da Terceira Regiรฃo dos EUA, no processo Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015) decidiu que serem ilegais os requisitos regulamentares que exigem experiรชncia de trabalho qualificada para ter status legal de imigraรงรฃo. Em decorrรชncia desta decisรฃo, o Serviรงo de Cidadania Americana e Imigraรงรฃo (o USCIS) decidiu acatar a decisรฃo sobre a igreja Shalom Pentecostal em รขmbito nacional e nรฃo mais indefere solicitaรงรตes de obreiros religiosos imigrantes com base nos requisitos de status legal do artigo 8 CFR 204.5(m)(4) e (11). Este artigo examina os requisitos e oportunidades para igrejas brasileiras em decorrรชncia da decisรฃo do Tribunal.
Filing procedures for extension of stay and change of status requests have been updated to include the E-3 and H-1B1 nonimmigrant classifications. Petitions for outstanding professors and researchers can now rely on a broader range of comparable evidence and substitute such comparable evidence for the currently listed evidence in 8 C.F.R. 204.5(i)(3)(i)(A)-(F). This flexibility now gives petitioners an ability to support their filings with a broader scope of materials to show their achievement and not limit petitioners to only the detailed list.
Filing procedures for extension of stay and change of status requests have been updated to include the E-3 and H-1B1 nonimmigrant classifications. Petitions for outstanding professors and researchers can now rely on a broader range of comparable evidence and substitute such comparable evidence for the currently listed evidence in 8 C.F.R. 204.5(i)(3)(i)(A)-(F). This flexibility now gives petitioners an ability to support their filings with a broader scope of materials to show their achievement and not limit petitioners to only the detailed list.