Does the BCIS require that the alien be employed until permanent residence is authorized?
There is no requirement in statute or regulations that a beneficiary of a Form I-140 actually been in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of 106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act. < Back | Index | Next > Print This Page Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.
