Employment Routes
Entries across the digest that deal with employment routes.
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Immigration & Nationality
Derivative Beneficiaries: Who Can Follow to Join an Employment Petition
A spouse and unmarried children under 21 take the principal's employment-based classification and priority date, but only if the relationship existed at the right moment.
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Immigration & Nationality
Successor in Interest: Labor Certifications and Petitions After a Merger
A new employer may keep an existing labor certification and petition only if it assumed the predecessor's essential rights and obligations and the job opportunity is unchanged.
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Immigration & Nationality
I-140 Revocation and Whether the Priority Date Survives
An approved I-140 that has been approved for 180 days generally survives an employer's withdrawal, and so does the priority date — unless the revocation is for fraud or material error.
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Immigration & Nationality
Schedule A Occupations: Nurses, Therapists, and Exceptional Ability
Schedule A occupations are pre-certified by regulation, so no recruitment or market test is run — but the application is still filed with the petition and the notice still has to be posted.
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Immigration & Nationality
Physician National Interest Waivers and Underserved-Area Service
A physician who commits to full-time clinical practice in a designated shortage area or a VA facility can obtain a national interest waiver, but the green card waits until the service is done.
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Immigration & Nationality
E-1 Treaty Trader Visas: Substantial Trade and Company Nationality
An E-1 treaty trader must show a qualifying treaty, an enterprise with the treaty country's nationality, and trade that is substantial, continuous, and more than half between the two countries.
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Immigration & Nationality
L-1 New Office Petitions and the First-Year Review
A new office L-1 gets one year to become a real operation. The extension is a fresh review of whether the office is doing business and whether the manager is actually managing.
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Immigration & Nationality
Cap-Exempt H-1B Employers: Universities, Nonprofits, and Affiliations
Four kinds of employer are exempt from the H-1B cap. The hardest category is the nonprofit related to or affiliated with a university, and the test for that was rewritten by regulation.
