The INS appears to have recently changed its longstanding policy with regard to changes of status from J-1 to J-2 and vice versa. No official Memorandum has been issued by the INS as yet and they are planning to issue a Memorandum to address this issue in the near future. A J-1/J-2 exchange visitor who is subject […]
Category Archives: FAQ Archives
INS ON EB-2 and EB-3 classifications for Employment-Based Preference Petitions
AILA sought clarification and INS conceded that certain INS Service Centers which were denying EB-2 classification should be allowing EB-2 and not EB-3 as they are undertaking. This issue is particularly important for nationals of India and China who are experiencing substantial backlogs in the EB-3 classification. The issue is whether in order to qualify for EB-2 classification for permanent […]
INS on H-1B Transfers from a Parent to Subsidiary and Vice Versa
In a recent letter from the INS to an AILA attorney, INS through John W. Brown, Acting Branch Chief, Business & Trade Services Branch Benefits Division, addressed the issue of the requirement of whether to file a new or amended H1B Petition under certain specific circumstances. When a company transfers employees to a subsidiary company (and the subsidiary had […]
NIW Petitions and Proposed Regulations
In December 1997, in a Liaison meeting between AILA and the INS, the INS addressed the issue of using certain guidelines in adjudicating I-140 national interest waiver (NIW) cases. Some AILA members complained that certain INS adjudicators appear to apply criteria that were part of proposed regulations that were never adopted. Although INS has addressed this issue before, they […]
Delays in processing of LCAs for H1B Petitions
As many of you know, an H1B Petition cannot be approved until and unless, the Department of Labor certifies the Labor Condition Application (LCA). This LCA is very different from the Labor Certification (LC) often required in order to obtain permanent resident status/”green card” status. When filing an H1B Petition, the employer must file attestations with the Department of […]
Permanent Residents and Public Charge Issues
In a December 1997 Memo, the INS advises its officers that they cannot threaten to confiscate the “green card” of permanent residents who are absent from the U.S. 180 days or less. Such returning residents should not be subject to the rules of inadmissibility and should not be questioned on public charge related issues. The INS has also […]
