Tagged #i-140
Every article we've published on this topic, sorted by the agency's own announcement date.
EB-3 to EB-2 Upgrade: Porting a Priority Date Through a Second PERM and I-140
Why employers file a second PERM and I-140 to upgrade an employee from EB-3 to EB-2 — how 8 CFR 204.5(e) priority-date porting works and what USCIS demands as proof.
USCIS Premium Processing After the 2024 Fee Rule: $2,805 for Most I-129 and I-140s, 15 Business Days, and What That Clock Actually Buys
The February 2024 fee rule pushed I-129 and most I-140 premium processing to $2,805 and aligned timelines across categories. The 15-business-day clock buys an action, not an approval.
AC21 §104(c): The 3-Year H-1B Extension Beyond the 6-Year Cap
When an approved I-140 in an oversubscribed category traps an H-1B worker past year six, AC21 §104(c) provides a 3-year extension. Here is the eligibility test, the documentary record, and the most common denials.
AC21 §106(a): The 1-Year H-1B Extension on a Pending PERM or I-140
Section 106(a) of AC21 lets H-1B workers extend in one-year increments past the six-year cap if a PERM or I-140 has been pending for 365+ days. Here is the eligibility test and the §104(c) handoff.
Defending an Approved I-140 or I-130 from a USCIS NOIR Under INA §205
An NOIR — notice of intent to revoke — is USCIS announcing it intends to undo an already-approved petition. The 33-day response window and the Matter of Estime good-and-sufficient-cause standard are unforgiving.
I-140 Portability Under AC21 §106(c): Switching Employers 180 Days After I-485
How AC21 §106(c) and INA §204(j) let an EB beneficiary change jobs once the I-485 has been pending 180 days, what 'same or similar occupation' means, and how Form I-485 Supplement J fits in.
EB-2 National Interest Waiver: Matter of Dhanasar's Three-Prong Framework
How the AAO's 2016 precedent decision Matter of Dhanasar replaced the NYSDOT framework for EB-2 national-interest-waiver petitions — substantial merit and national importance, well-positioned petitioner, and the on-balance benefit prong.
EB-1B Outstanding Professor or Researcher: Six Criteria, Three-Year Experience, and the Tenure-Track Job Offer
How USCIS adjudicates EB-1B outstanding-professor-or-researcher petitions under INA § 203(b)(1)(B) and 8 CFR 204.5(i) — the six regulatory criteria, the international-recognition standard, and the employer's burden to document a qualifying permanent research position.
EB-1A Extraordinary Ability: The 10 Regulatory Criteria and Kazarian's Two-Prong Review
How USCIS adjudicates EB-1A extraordinary-ability petitions under 8 CFR 204.5(h)(3) and the Ninth Circuit's two-step Kazarian framework — a practitioner's map to the ten criteria, the comparable-evidence rule, and the final-merits determination.
I-140 Ability to Pay: Audited Financials, Net Income, and the Net-Current-Assets Workaround
How USCIS evaluates a sponsoring employer's ability to pay the proffered wage under 8 CFR 204.5(g)(2), the three accepted proofs, and the Matter of Sonegawa totality-of-circumstances escape hatch.
EB-1C Multinational Manager or Executive: Qualifying Relationships and the One-Year-in-Three Abroad Rule
How USCIS adjudicates EB-1C multinational-manager-or-executive petitions under INA § 203(b)(1)(C) and 8 CFR 204.5(j) — the qualifying-organization tests, the one-year-in-three abroad rule, and the managerial-vs-executive-capacity definitions at INA § 101(a)(44).
EB-3 Skilled Worker, Professional, and Other Worker: The Three Splits and Why They Matter
How INA § 203(b)(3) and 8 CFR 204.5(l) divide EB-3 into three sub-classifications — skilled workers, professionals, and other workers — and why the split drives PERM minimum-requirements drafting, visa-bulletin movement, and the 10,000-per-year EW cap.