Employment-based green card

India has reached the per-country limit for EB-5 immigrant investor green cards in the unreserved category, meaning no more visas are currently available for Indian nationals in this category. This creates a significant backlog for Indian…

USCIS is revising the information collection procedures for the Immigrant Investor Gold Card Program (EB-5 green cards). The agency is accepting an additional 30 days of public comments on the form and data collection requirements. Public…

India has reached its per-country limit for EB-2 (employment-based second preference) green cards, meaning Indian nationals in this category will face significant delays in obtaining their green cards. This occurs because a large backlog…

The annual visa cap for the EB-1 category (employment-based first preference, covering individuals with extraordinary ability and certain researchers) has been reached for the current fiscal year. No further EB-1 petitions can be approved…

The annual visa cap for the EB-2 category (employment-based second preference, covering professionals with advanced degrees and skilled workers) has been exhausted for the current fiscal year. No further EB-2 petitions can be approved…

The EB-3 and EW (Employment-Based Third Preference and Exceptional Worker) green card categories have reached their annual numerical limits for the current fiscal year. This means no additional applicants can be approved under these…

The Department of Labor is proposing new rules to strengthen wage protections for foreign workers on EB-2 and EB-3 employment-based green cards and certain temporary work visas obtained through the PERM labor certification process. The…

The Department of Labor is seeking public comments on its information collection request for the Prevailing Wage Determination application (Forms ETA-9141), which is used in the PERM labor certification process for employment-based green…

USCIS updated its policy manual to clarify visa requirements for professional athletes in response to the Department of Labor's adoption of the Foreign Labor Application Gateway (FLAG) system. The guidance addresses how the new FLAG system…

A federal court in Colorado has issued a partial stay blocking certain EB-5 immigrant investor visa fees that were raised under the 2024 DHS fee rule effective April 2024. The decision in Moody v. Noem means those specific fees cannot be…

USCIS has issued updated policy guidance on how to evaluate EB-2 National Interest Waiver (NIW) petitions for employment-based green cards. The guidance clarifies eligibility standards for EB-2 NIW applicants. This affects skilled workers…

USCIS announced updated procedures for submitting Form I-140 (Immigrant Petition for Alien Workers) when accompanied by permanent labor certification, Schedule A designation, or National Interest Waiver requests. The procedures are…

USCIS has issued new policy guidance clarifying what types of evidence it will evaluate when determining eligibility for EB-1 extraordinary ability green cards. This guidance helps applicants and attorneys better understand which…

USCIS reminds employers filing the I-140 immigrant petition for workers to pay the correct fees and provide complete information to avoid processing delays. Proper preparation of this form is critical for employment-based green card…

USCIS is issuing new policy guidance on the consequences of noncompliance with the EB-5 Regional Center program, based on recent changes to immigration law. The guidance clarifies what happens when regional centers or investors fail to…

USCIS updated its FAQ guidance to help employment-based immigration petitioners understand and submit the correct filing fees. The clarification follows the USCIS Fee Rule and applies to various employment-based visa categories.…

USCIS has updated its policy guidance to use the U.S. Department of Labor's definition of 'science or art' when evaluating Schedule A, Group II visa cases. This clarification applies to certain skilled workers whose occupations qualify for…

USCIS has announced procedures for auditing EB-5 Regional Centers as required by the EB-5 Reform and Integrity Act of 2022. Each designated regional center must be audited at least once every five years to ensure compliance with program…

USCIS is changing the filing location for employment-based green card applications effective April 1, 2024. Forms I-140 (immigrant petition), I-485 (adjustment of status), and related work authorization and travel document forms will now…

USCIS issued new guidance on how employers must demonstrate they can pay the offered wage in employment-based green card cases, particularly when a sponsored worker changes employers during the adjustment of status process. The guidance…

USCIS is changing where employers must file Form I-907 (Request for Premium Processing) for pending I-140 petitions, effective December 15. Instead of sending these forms to service centers, employers will now file them at appropriate…

Starting November 13, USCIS is moving the filing location for Form I-907 (Premium Processing requests) submitted with Form I-140 (employment-based immigrant petitions) from service centers to the USCIS lockbox. This change streamlines…

USCIS updated its Policy Manual to provide comprehensive guidance on the EB-5 Regional Center Program, including regional center designation, obligations, project applications, and promoter responsibilities. These updates clarify the rules…

USCIS provided additional guidance on the EB-5 investor visa program regarding required investment timeframes and how terminated regional center investors are treated under the 2022 EB-5 Reform and Integrity Act. The guidance clarifies…

USCIS has clarified its guidance on EB-1 eligibility, specifically defining what evidence it will accept to prove extraordinary ability (E11) and outstanding professor or researcher status (E12). The updated Policy Manual provides clearer…

USCIS announced an updated visa availability approach for processing Form I-526 petitions (Immigrant Petitions by Alien Investor) to improve efficiency in managing the pipeline. The revised approach will help reduce processing times and…