Recent Employment Based Permanent
Residency Application Changes
The process for permanent
residency through employment
sometimes involves a three step
process:
- 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.
- 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.
- 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