8 C.F.R. §204.5 - Petitions for employment-based immigrants
| Cite as | 8 C.F.R. §204.5 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
319 cases
-
Zhu v. I.N.S.
...adversely affect the wages and working conditions of similarly employed persons in the United States. 8 U.S.C. § 1182(a)(5)(A) & (D); 8 C.F.R. § 204.5(k)(4)(2003). Armed with its labor certification, the employer can then file a petition with the INS seeking to classify the prospective empl......
-
Itech U.S., Inc. v. Renaud
...subsection (a) or (b) of section 1153 of this title, approve the petition and forward one copy thereof to the Department of State");1 8 C.F.R. § 204.5(a) – (c) (establishing 5 F.4th 61 Form I-140 as the proper vehicle to petition the agency for classification under section 1153(b)(2) ). Onc......
-
Patel v. Johnson
...requirements to establish that the worker does, in fact, fall within one of the employment-based categories established by the Act. See8 C.F.R. § 204.5. The petitioner bears the burden of proof by a preponderance of the evidence. See8 U.S.C. § 1361; see also Mathews v. United States Citizen......
-
Zixiang Li v. Kerry
...such a certification, the employer may file a petition requesting that USCIS approve the alien for a visa in the EB–3 category. See8 C.F.R. § 204.5(a). The date a request for certification is accepted for processing by DOL is called the “priority date.” See8 C.F.R. § 204.5(d). Once the alie......
Request a trial to view additional results
22 firm's commentaries
-
Updates to USCIS Policy Manual on EB-5 Investors: Change of Regional Center Considered a Material Change by USCIS
...may be innocent bystanders who may nonetheless be penalized by USCIS for failures on the part of the regional center. The regulations at 8 CFR 204.5(j) require an immigrant investor to establish the following facts for I-526 petition approval: A new commercial enterprise has been establishe......
-
DHS Publishing final 240-Day Rule expanding work authorization options for H-1B1, E-3, and CW-1 Nonimmigrants
...EB-1 outstanding professors and researchers may now submit initial evidence comparable to the other forms of evidence already listed in 8 CFR 204.5(i)(3)(i), much like certain employment-based immigrant categories that already allow for submission of comparable evidence. As a result of this......
-
Could Einstein Get a Green Card? Proposed DHS Changes Signal New Opportunities for American Colleges and Universities
...of the alien’s authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field. 8 CFR 204.5(i)(3). These six categories contain no “comparable evidence provision” so that no matter how outstanding a scholar may be, if she does not have ......
-
DHS Issues New Regulations for Certain Highly Skilled Workers
...eligibility under the EB–1 Outstanding Professor or Researcher category. Specifically, a provision will be added to the regulations at 8 CFR 204.5(i)(3) allowing for “comparable evidence.” This provision is already in the regulations for the EB–1 Extraordinary Ability category. Comparable e......
Request a trial to view additional results
1 books & journal articles
-
Non-immigration visa fraud: proposals to end the misuse of the L visa by transnational criminal organizations as a method of illegal immigration.
...6 (1981). (72.) See 8 C.F.R. [sections] 214.2(1)(1)(ii)(A) (1998). (73.) See Perlman, supra note 64, at 689. (74.) See id. (75.) See 8 C.F.R. 204.5(j)(e)(i.)(A)(1998). (76.) To determine whether the employee occupies a qualifying position, the INS will consider: salary, employment history, ......
1 provisions
-
Chapter 2006, HB 3008 – Relating to physician licensing; amending ORS 677.120.
...may consider whether a physician and surgeon qualifies asan exceptional or outstanding physician under the criteriaestablished in 8 C.F.R. 204.5 (h)(3). +...