BALCA Reinforces the Good Faith Recruitment Requirement

In Matter of W. Alex Choi, CPA, 9/26/13, BALCA upheld a denial noting that records of interview invitations sent via certified mail revealed that the letters did not reach the applicants. BALCA found the employer failed to make additional attempts to contact the applicants. These elements, together, established that the employer lacked good faith in its recruitment efforts.

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EB2 to EB3 Conversion and Filing I-485 Concurrently

With Employment Based Third Category (EB3) priority dates moving faster for India, we are frequently asked if a Beneficiary in EB-2 can downgrade and convert their immigrant petition to an EB-3 classification, so that they would be able to file their I-485 and EAD for their entire family sooner (and maybe even concurrently). The answer is YES, it is possible to do so. Here are some Frequently Asked Questions!

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September 25, 2020