June 1, 2007
Recent Employment Based Permanent Residency Application Changes

The process for permanent residency through employment sometimes involves a three step process: 

  1.  Labor Certification filed with US Department of Labor – which involves advertising the job, showing no US workers available;

    Two new changes affect labor certification.  The US employer will no longer be able to substitute a different foreign national employee on any labor certification application.  This will require the US employer to start over by re-advertising the job and showing no US workers are available for the job.  Also, the employer, not the foreign national, must pay the attorney fees for preparing and filing the labor certification application.

  2. I-140 Petition for Immigrant Worker filed with US Citizenship and Immigration Services – which involves showing the proposed foreign national employee is qualified for the job and the US employer has the ability to pay the salary; 

    Three new changes affect I-140 Petitions. 
    First, there is now a deadline of 180 days for an employer to file the I-140 Petition after receipt of labor certification approval. 
    Second, USCIS has announced Premium Processing (adjudication in 15 days) for I-140 Petitions is no longer available as of May 18, 2007. 
    Third, the filing fee for I-140 Petitions has increased from $195 to $475 beginning July 30, 2007. 

  3. I-485 Adjustment of Status filed with US Citizenship and Immigration Services or a visa petition is filed with US Department of State at a US consulate. 

    I-485 Adjustment of Status filing fees will increase from $675 to $930 With Work and Travel Authorization beginning July 30, 2007.

     

Best regards, 

JoAnn L. Barten
Barten Law Office, P.C.
P.O. Box 1604
1212 McCormick Ave., Ste. 100
Ames , Iowa 50010
515-233-4388
515-233-5911 FAX
www.bartenlaw.com

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