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ImmIGRATION JULY 09, 2021 | The Indian Eye 43

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these documents are processing within the SOC code that was indi- This sort of RFE can be Certification itself with
vulnerable to immedi- mandated 15 days. Al- cated in the downgrade more easily overcome. the request. Submitting
ate rejection since the though RFEs have been I-140 petition. This is All of these issues timely and thorough
reviewing officer will seldom, the most com- not a valid basis for the should be carefully responses to any RFEs
Simply go to your App Store or Play Store
not see a Labor Certi- mon reason for an RFE USCIS to issue an RFE considered when re- too helps to ensure that
fication included. Al- is to request submission as the SOC code avail- questing Premium Pro- the petition will ulti-
though this was not part of evidence that the em- able for the occupation cessing of a downgrade mately be successful.
of the guidance we re- ployer still has the abil- at that time has become I-140 petition. Despite (This blog is for in-
ceived, it would also be ity to pay the proffered obsolete. For instance, the issues that can arise formational purposes
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advisable to indicate the wage from the estab- SOC Code 15-1031 for when making a Premi- and should not be con-
receipt number of the lishment of the priority Computer Software En- um Processing request sidered as a substitute
prior approved EB-2 date until the present, gineers, Applications is of this kind, petitioners for legal advice).
petition which contains and up to the point of no longer in existence. can help prevent rejec- *Kaitlyn Box grad-
the original Labor Cer- time that the beneficia- It has now changed to tions by following US- uated with a JD from
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tification, and direct the ry receives permanent SOC Code 15-1132 for CIS’ guidance and in- Penn State Law in 2020,
USCIS to look for it in residency. If the em- Software Developers, cluding a highly visible and works as a Law
that petition. ployer’s current tax re- which has again most reference to the origi- Clerk at Cyrus D. Mehta
Even if the Premium turns show losses and recently changed to nal Labor Certification, & Partners PLLC
Processing request is ac- the beneficiary is not SOC Code 15-1252. or a copy of the Labor
cepted, there is always being paid the prof- _________________________________________________________________________________________________
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a risk that the USCIS fered wage, Premium Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
might issue a Request Processing should not Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
for Evidence (RFE) be considered, and the Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
even if the prior I-140 I-140 can continue to re- Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
under EB-2 was ap- main pending, until the tion; board member of Volunteers for Legal Services and board member of New York Immigration
proved. Note, though, employer is able to po- Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
that such an RFE could tentially overcome such Council and former chair of the Committee on Immigration and Nationality Law of the New
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also be issued even if an RFE. Another rea- York City Bar Association. He is a frequent speaker and writer on various immigration-related
issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
there is no request for son for an RFE is that he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
Premium Processing, the prior SOC code that Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
although there might was designated at the Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
be an incentive to issue time of the granting of in the immigration field. He has also received two AILA Presidential Commendations in 2010
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and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
the RFE if the officer the Labor Certification Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
cannot complete the does not match with the Chambers Global 2019 in immigration law, among other rankings.

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