Employment-Based Immigration

Authoritative coverage of work visas, employment-based green cards, and labor certification. From H-1B selection cycles to EB-1/EB-2/EB-3 priority date movements.

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H-1B

Get Your H-1B Decision Before the I-94 Expires: Denials Are Rising

NOIDs, notices of intent to revoke, and H-1B denials are ticking up. Attorneys say the safest move is to be adjudicated before the I-94 expires, because a denial after it lapses can mean leaving the country, where the contested $100,000 fee could apply on return.

Jun 21, 2026 7 min read
Exterior signage of a U.S. Citizenship and Immigration Services field office building.
H-4 EAD

H-4 EAD Delays Are Back in 2026, and the Auto-Extension Is Gone

H-4 EAD adjudications have slowed to six, seven, and eight months under USCIS Director Joseph Edlow, and the automatic extension that once bridged renewal gaps ended October 30, 2025. Attorneys are filing mandamus at the three-month mark.

Jun 21, 2026 7 min read
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H-4 EAD

Can You Own an S-Corp on an H-4 EAD? Why CPAs Get This Wrong

An H-4 EAD holder can generally own an S corporation. The confusion comes from applying the immigration definition of 'resident' instead of the IRS one. The S-corp bar is on nonresident aliens, and tax residency turns on the substantial presence test.

Jun 21, 2026 6 min read
Stacks of academic CVs, journal reprints, and a draft I-140 cover letter on a conference table.
EB-2 NIW

Self-Filed EB-2 NIW Petitions Are Failing Premium Processing in 2026

An advanced degree and a strong personal story used to carry an EB-2 NIW petition through Matter of Dhanasar's three prongs. Under the current adjudication posture, USCIS is reading prong two — 'well positioned to advance the endeavor' — as an evidence test self-petitioners without publications keep failing.

Jun 10, 2026 7 min read
A stack of USCIS receipt notices for an I-485, I-765, and pending I-129 on a desk.
STEM OPT

STEM OPT Expiring, EB-1A I-485 Pending, Cap-Exempt H-1B on the Table

A self-filed EB-1A with an approved C09 EAD, a STEM OPT extension USCIS will not adjudicate, and a cap-exempt H-1B offer the employer is afraid will hurt the green card case. The framework for ordering these filings turns on a narrower question than most callers ask: what status do you fall back to if USCIS denies the I-485?

Jun 10, 2026 7 min read
An empty corporate conference room with a long table and city light through tall windows.
EB-1C

Multinational Managers in Limbo: EB-1C Holds and the Multi-Plaintiff Suit

An L-1A executive from one of the restricted countries filed an EB-1C I-140 with premium processing in November 2025. Seven months later, USCIS has not adjudicated it. The fix the petitioner reached for — joining a coordinated multi-plaintiff lawsuit — is the same one being assembled across the L-1 community.

Jun 7, 2026 8 min read
USCIS Director Joseph Edlow seated at a hearing table, flanked by two other officials in suits.
I-765

EAD Delays and Lawsuits Against USCIS

USCIS's December 2025 country-based pauses and the wind-down of CHNV parole have produced a category of applicant who is married to a U.S. citizen, lawfully present, and unable to work. Sixteen-month EAD delays are routine. Attorneys are turning to mandamus and individual APA suits.

Jun 6, 2026 8 min read