Petitions for employment-based immigrants.

CFR · 2024-01-01 · US · Title 8

(a) (1) Accepted for processing under the provisions of part 103; (2) Accompanied by any required individual labor certification, application for Schedule A designation, or evidence that the alien's occupation qualifies as a shortage occupation within (3) Accompanied by any other required supporting documentation. (b) (c) (d) (e) (2) The priority date of a petition may not be retained under paragraph (e)(1) of this section if at any time USCIS revokes the approval of the petition because of: (i) Fraud, or a willful misrepresentation of a material fact; (ii) Revocation by the Department of Labor of the approved permanent labor certification that accompanied the petition; (iii) Invalidation by USCIS or the Department of State of the permanent labor certification that accompanied the petition; or (iv) A determination by USCIS that petition approval was based on a material error. (3) A denied petition will not establish a priority date. (4) A priority date is not transferable to another alien. (5) A petition filed under section 204(a)(1)(F) of the Act for an alien shall remain valid with respect to a new employment offer as determined by USCIS under section 204(j) of the Act and 8 CFR 245.25. An alien will continue to be afforded the priority date of such petition, if the requirements of paragraph (e) of this section are met. (f) (g) (2) (h) (2) (3) (i) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the f

official document · source cfr-2024 · id 8:§ 204.5