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  • Activity Stream

    1. 1

      USCIS Plans to Modernize Employment-Based Green Card Rules: What to Expect

      https://berardiimmigrationlaw.com/uscis-plans-to-modernize-employment-based-green-card-rules-what-to-expect/
      Sucker in Discussions
    2. 1

      USCIS Plans to Modernize Employment-Based Green Card Rules: What to Expect

      USCIS Plans to Modernize Employment-Based Green Card Rules: What to Expect Green Card Rules Blog In another change to immigration procedure, U.S. Citizenship and Immigration Services (USCIS) has announced its plans to overhaul the rules for employment-based green card petitions, including extraordinary ability (EB-1A) and national interest waiver (EB-2 NIW) cases. While no changes have taken effect yet, draft regulations are expected in 2026, and they could reshape how top talent and employers navigate the green card process. The goal of these updates is to modernize outdated standards, improve consistency, and strengthen anti-fraud measures. Many of the proposed changes would also codify rules that have previously only existed in policy memos or case law. Jennifer Behm, Esq., Partner at Berardi Immigration Law, explains: “We expect these changes to provide clearer guidance, but also a higher bar. Applicants and employers who prepare strong, well-documented filings will be in the best position to succeed under the new framework.” What’s Changing in EB-1A and EB-2 NIW? Clearer Standards for Extraordinary Ability (EB-1A) USCIS could tighten how applicants prove they are at the very top of their field. Instead of checking off a list of criteria, the agency may place greater weight on the quality of evidence. For truly outstanding candidates, this could create a more predictable framework. For borderline applicants, however, expectations could become stricter. Codifying the NIW Test The familiar three-part test for national interest waivers (national importance, ability to succeed, and benefit to the U.S.) will likely be written into formal regulations. This will clarify what evidence works best but may also raise the evidentiary bar for weaker cases. Strong business plans, research records, or proof of community impact will carry even more weight. What Employers Should Know While the spotlight generally falls on individual applicants, employers will also face changes under the new rule. Defining Bona Fide Job Offers Employers will need to affirmatively prove that the job offer is real, permanent, and available once the green card is approved. This has always been implied, but the new regulations may require additional evidence or attestations. Expanded Site Visit Authority Just as USCIS currently conducts site visits for H-1B or religious worker petitions, similar inspections could be introduced for I-140 petitions. Officers may visit worksites to confirm the business exists, job duties are accurate, and employment conditions match what was filed. Refusal to cooperate could lead to denial or revocation. Clarifying Ability to Pay and Corporate Changes Employers will continue to show they can pay the offered wage, usually through tax returns or financial statements. The new rule could refine how this is measured. Additionally, codified “successor-in-interest” rules will make it clearer how mergers, acquisitions, or restructures affect green card sponsorships. Fraud Prevention USCIS officers will gain more tools to identify inconsistent or speculative cases. This means well-prepared petitions backed by credible, consistent evidence will be more important than ever. What This Means for Clients For top talent: Stronger candidates may benefit from clearer standards and a more predictable framework. For borderline cases: The evidentiary burden will be higher, making early preparation essential. For employers: Expect increased scrutiny, potential site visits, and stricter documentation requirements. For entrepreneurs and startups: NIW petitions may remain an option, but expect to show detailed business plans and broad national impact. Timing of the Rule It’s important to remember: nothing has changed yet. Draft regulations are expected in 2026, and there will be a public comment period before any rule becomes final. Applicants and employers still have time to prepare. That said, those considering EB-1A or NIW filings should consider moving forward sooner rather than later. Filing under today’s framework might still offer advantages before stricter standards are implemented.
      Sucker in Discussions
    3. 2

      BJP dead in telangana ?

      Next term scamgress kuda katham. Money power tho, government power tho kuda couldn’t match wha BRS did in last term. BRS super fight ichindi.
      Pahelwan5 in Discussions
    4. 2

      BJP dead in telangana ?

      ippatikaina aa Kishan reddy ni g meeda tanni pamputaaro ledo. But veellanna BC voice teste, bagane nilabadataaru.
      Jatka Bandi in Discussions
    5. 17

      India traveling anna lu

      Ewr to dubai emirates ki Greece lo lay over undi. You can try that.
      Junior_ in Discussions
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