Category: Employment, Perm, 485

In a confusing decision, the 5th Circuit Court of Appeals held that the automatic 240-day extension of employment authorization that accompanies an extension of nonimmigrant status under does not provide lawful immigration status for purposes of INA §§245(c)(2) and 245(k)(2)(A). This is a very confusing issue, and one that our firm also runs into a lot with Temporary Protected Status (TPS) […]

On September 22, 2010, Attorney Ricky Malik attended a dinner sponsored by the American Immigration Lawyers Association hosting Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division, Bureau of Consular Affairs at the State Department. Mr. Oppenheim is responsible for publishing the monthly visa bulletin that informs millions of people around if their priority dates are current.  Mr. Oppenhiem was very insightful […]

“An alien is not independently “grandfathered” for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i) (2006), simply by virtue of marriage to another alien who is “grandfathered” under section 245(i) as the result of having been a derivative beneficiary of a visa petition.”  Matter of Legapsi 25 I&N Dec. 328 (BIA […]

The Department of Labor (DOL) released the 11th round of Frequently asked questions for the PERM/Labor Certification Process.  A Labor Certification is the first step in the Employment based greencard process. FAQ below:

The Board of Immigration Appeals (BIA) determined on April 30, 2010 in Matter of ALANIA, 25 I&N Dec. 231 (BIA 2010) that a foreign national who is eligible to adjust status, in other words receive a greencard, through Section 245(i) of the Immigration and Nationality Act, cannot be denied due to unauthorized employment. Section 245(i) was a provision of the law […]

Significant movement in some Employment Based categories. Click here to view full bulletin. Ricky Malik, Esq.

Click here to view charts.