Immigration Law

Recent Posts

Cyrus Mehta on Portability
Posted on 18 Apr 2022 by Daniel M. Kowalski

Cyrus Mehta, Apr. 18, 2022 I-485 Supplement J Should Not Be the Only Vehicle to Express Portability "It is well settled that noncitizens must have the requisite intent to work for their employers at the time of entry or adjustment of status under... Read More

Why Should Requesting a Transfer of Underlying Basis with an I-485 Supplement J Restart the 180-Day Portability Clock?
Posted on 22 Feb 2022 by Daniel M. Kowalski

Cyrus Mehta, Kaitlyn Box, Feb. 22, 2022 "We follow up on our blog series on requesting a transfer of underlying basis. Previous blogs on this topic can be found here and here . Due to the exceptionally high number of EB-1 and EB-2 visas available... Read More

USCIS on Job Portability After Filing to Adjust
Posted on 17 Nov 2020 by Daniel M. Kowalski

USCIS, Nov. 17, 2020 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to consolidate and update guidance on the ability to change to a same or similar job, also known as portability, for certain... Read More

CA7 on Porting: Musunuru v. Lynch
Posted on 4 Aug 2016 by Daniel M. Kowalski

Musunuru v. Lynch, Aug. 3, 2016 - "We hold that USCIS applied the notice and challenge regulations in a manner inconsistent with the statutory portability provision that allowed Musunuru to change employers. We do not hold, however, that Musunuru... Read More

CA2 on Portability, Jurisdiction - Mantena v. Johnson
Posted on 5 Jan 2016 by Daniel M. Kowalski

Mantena v. Johnson, Dec. 30, 2015 - "Mantena had availed herself of the Immigration and Nationality Act’s so‐called “portability” provisions, 8 U.S.C. § 1154(j) and 8 U.S.C. § 1182(a)(5)(A)(iv), to move to a successor... Read More

USCIS Posts Draft Policy Memo for Comment: Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability
Posted on 22 Nov 2015 by Daniel M. Kowalski

USCIS E-Mail dated Nov. 20, 2015 to stakeholders: "USCIS has posted the following draft policy memorandum for your review: Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section... Read More

Cyrus D. Mehta & David A. Isaacson - How About Porting Labor Certs?
Posted on 2 Mar 2016 by Daniel M. Kowalski

Cyrus D. Mehta & David A. Isaacson, Mar. 1, 2016 - "It would also be highly desirable for beneficiaries of such approved I-140 petitions to exercise job portability, and not be required to re-start the labor certification process through a new... Read More

AC21 Portability Admin. Closure Victory in NY
Posted on 24 Sep 2016 by Daniel M. Kowalski

David K.S. Kim writes: "I wanted to share with you a recent IJ decision administratively closing the removal proceedings of my client, post-BIA remand, involving complicated fact pattern and legal issues, after many years of litigation, so that he... Read More

Tags: kim , portability , ac21

USCIS Policy Memo: Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability
Posted on 18 Mar 2016 by Daniel M. Kowalski

USCIS, Mar. 18, 2016 - "This policy memorandum (PM) provides additional guidance to Immigration Services Officers (ISO) for determining, with respect to the job portability provisions in section 204(j) of the Immigration and Nationality Act (INA... Read More