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PERM Practice Tips

by Joel Stewart, et al.

Citations for ILW.COM's Seminar
PERM Practice Tips

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From Mark D. Koestler

  • January 25, 1993 letter from Edward H. Skerrett (posted on InfoNet on 3/10/93) and published in the 4/93 AILA monthly mailing - regarding changing employers after approval of I-140 EB-1(1) but before adjustment of status
  • May 4, 2004 Memo from William Yates on determination of ability to pay
  • "Function Manager Petitions - Ad Hoc Tests and Legal Authorities" by Michael Ryvin and Ronald Wada 13 Bender's Immig. Bulletin 673 (June 1, 2008)
  • January 27, 1999 Thomas Simmons letter on New Business Ls - published in March 1999 AILA monthly mailing (p 239-240)
  • September 12, 2006 Memo from Michael Aytes attaching revisions to Adjudicator's Field Manual

From Lori Melton

  • Memo from Michael Aytes, June 6, 2006 - Guidance on the Requirement of a “Permanent Offer of Employment” for Outstanding Professors or Researchers AILA Doc. No. 06060860
  • AAO Decision regarding the research Matter of ­­­­­­­­­­­______, WAC-99-016-52605 (AAO Feb. 6, 2001)
  • AAO Decision discussing awards and grants Matter of _____, LIN-06-210-52939 (AAO Jan. 18, 2008)
  • AAO Decision discussing awards in the context of scholarships, in-house company awards and patents Matter of _____, LIN-067-52301 (AAO Mar. 31, 2008)
  • EB-2 Progressively Responsible memo mentioned can be found at AILA Doc. No. 00070371 or at 65 Fed. Reg. 128, 41093 (2000).

From Mark Murov

  • EB statute is Immigration and Nationality Act 203(b)(2) A, B and C.
  • Immigrant visa petition regs on the degree requirement are at 8 CRF 204.5(k), and at (3) are the two alternative requirements, both of which require an actual, specific degree, and in the case of a Bachelor’s, also 5 years of progressive experience, which must be post Baccalaureate.
  • H-1B equivalency regs, by contrast, are at 8 CRF 214.2(h)(4)(iii)(D)
  • .

About The Author

Joel Stewart are the speakers for PERM Practice Tips. To purchase an audio CD of all 3 sessions, see here.

The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.