8 C.F.R. 204.5 - Petitions for employment-based immigrants

Cite as8 C.F.R. 204.5
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265 practice notes
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018
    • United States
    • Federal Register November 16, 2018
    • November 16, 2018
    ...sec. 402(a) and 402(b) CFR Citation: 8 CFR 103.2(b)(9); 8 CFR 103.7(b)(1)(i)(C); 8 CFR 103.16; 8 CFR 204.2(d)(2)(vi); 8 CFR 204.3(c)(3); 8 CFR 204.5(p)(4); 8 CFR 208.10; 8 CFR 210.2(c)(2)(i); 8 CFR 210.5(b)(2); 8 CFR 214.1(f); 8 CFR 214.11(a); 8 CFR 214.11(m)(2); 8 CFR 236.5; 8 CFR 240.68(b......
  • 4 F.Supp.3d 126 (D.D.C. 2013), C. A. 13-223 (JEB), Visinscaia v. Beers
    • United States
    • Federal Cases United States District Courts District of Columbia
    • December 16, 2013
    ...a job offer from an American employer before they are granted a visa. Kazarian v. USCIS, 596 F.3d 1115, 1120 (9th Cir. 2010) (citing 8 C.F.R. § 204.5(h)(5)). In her initial filing and in response to a request for further evidence from USCIS, Visinscaia produced documents purporting to show ......
  • In re Rajah, 111209 USBIA, 3662
    • United States
    • Federal Cases Board of Inmigration Appeals
    • November 12, 2009
    ...had the ability to pay the offered wage and the alien possessed the required education and experience for the job offered. See 8 C.F.R. §§ 204.5(a), (c), (g), (k), (l) (2009). If the USCIS approves the I-140, it also determines the alien's preference classification under section 203(b)(2) o......
  • Hsiao v. Scalia, 030221 HIDC, Civ. 18-00502 JAO-KJM
    • United States
    • Federal Cases United States District Courts 9th Circuit District of Hawaii
    • March 2, 2021
    ...educational, training and experience, or other requirements dictated by the labor certification. 8 U.S.C. § 1153(b)(3); 8 C.F.R. § 204.5. Third, if USCIS approves the visa petition, the alien may file an I-485 Application to Register Permanent Residence or Adjust Status ......
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208 cases
  • 4 F.Supp.3d 126 (D.D.C. 2013), C. A. 13-223 (JEB), Visinscaia v. Beers
    • United States
    • Federal Cases United States District Courts District of Columbia
    • December 16, 2013
    ...a job offer from an American employer before they are granted a visa. Kazarian v. USCIS, 596 F.3d 1115, 1120 (9th Cir. 2010) (citing 8 C.F.R. § 204.5(h)(5)). In her initial filing and in response to a request for further evidence from USCIS, Visinscaia produced documents purporting to show ......
  • In re Rajah, 111209 USBIA, 3662
    • United States
    • Federal Cases Board of Inmigration Appeals
    • November 12, 2009
    ...had the ability to pay the offered wage and the alien possessed the required education and experience for the job offered. See 8 C.F.R. §§ 204.5(a), (c), (g), (k), (l) (2009). If the USCIS approves the I-140, it also determines the alien's preference classification under section 203(b)(2) o......
  • Hsiao v. Scalia, 030221 HIDC, Civ. 18-00502 JAO-KJM
    • United States
    • Federal Cases United States District Courts 9th Circuit District of Hawaii
    • March 2, 2021
    ...educational, training and experience, or other requirements dictated by the labor certification. 8 U.S.C. § 1153(b)(3); 8 C.F.R. § 204.5. Third, if USCIS approves the visa petition, the alien may file an I-485 Application to Register Permanent Residence or Adjust Status ......
  • 300 F.Supp.2d 77 (D.D.C. 2004), Civ. 02-00685, Zhu v. I.N.S.
    • United States
    • Federal Cases United States District Courts District of Columbia
    • January 28, 2004
    ...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 employee/i......
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19 firm's commentaries
1 books & journal articles
37 provisions
  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2018
    • United States
    • Federal Register November 16, 2018
    • November 16, 2018
    ...sec. 402(a) and 402(b) CFR Citation: 8 CFR 103.2(b)(9); 8 CFR 103.7(b)(1)(i)(C); 8 CFR 103.16; 8 CFR 204.2(d)(2)(vi); 8 CFR 204.3(c)(3); 8 CFR 204.5(p)(4); 8 CFR 208.10; 8 CFR 210.2(c)(2)(i); 8 CFR 210.5(b)(2); 8 CFR 214.1(f); 8 CFR 214.11(a); 8 CFR 214.11(m)(2); 8 CFR 236.5; 8 CFR 240.68(b......
  • Part II
    • United States
    • Federal Register May 17, 2007
    • May 17, 2007
    ...must be accompanied by an approved labor certification issued by DOL. DHS has established procedures for filing Form I-140 petitions under 8 CFR 204.5. DHS reviews the approved labor certification in conjunction with the Form I-140 petition and other supporting documents to evaluate whether......
  • Separate Parts In This Issue Part II Labor Department, Employment and Training Administration,
    • United States
    • Federal Register May 17, 2007
    • May 17, 2007
    ...must be accompanied by an approved labor certification issued by DOL. DHS has established procedures for filing Form I-140 petitions under 8 CFR 204.5. DHS reviews the approved labor certification in conjunction with the Form I-140 petition and other supporting documents to evaluate whether......
  • Department of Labor, Employment and Training Administration,
    • United States
    • Federal Register July 26, 2000
    • July 19, 2000
    ...shall be the date the request for certification was accepted for processing by any office within the employment service system.'' See 8 CFR 204.5(d). Before the issuance of GAL 1-97, cited above, on October 1, 1996, the RIR provisions at Sec. 656.21(i) were not fully utilized for a variety ......
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