EB-2 and EB-3 Downgrade/Upgrade 2020 Post-Mortem: Adjudications and Consequences of Multiple I-140 Filings

EB-2 and EB-3 Downgrade/Upgrade 2020 Post-Mortem: Adjudications and Consequences of Multiple I-140 Filings

EB-2 and EB-3 Downgrade/Upgrade 2020 Post-Mortem: Adjudications and Consequences of Multiple I-140 Filings - Recording (CLE Included)
Release Date: 4/14/2022
Format Length CLE Eligible
Web Seminar 90 min. Yes

2020 presented an unprecedented opportunity for immigration practitioners to file I-485 adjustment of status applications for individuals stuck in the EB-3 backlog when the Visa Bulletin substantially advanced the Filing Date of the EB-3 category. Even those with approved I-140 petitions under the EB-2 preference category could potentially file a downgrade I-140 petition under EB-3 and concurrently file I-485 applications. The panelists of this intermediate seminar will explore how attorneys can continue to move these cases forward, including discussing recent USCIS guidance for transferring the underlying basis of a pending Form I-485 adjustment of status application from one employment-based preference category (e.g., EB-3) to another employment-based preference category (e.g., EB-2).

Featured Topics

  • Efficacy of Multiple I-140 Filings
  • Interfiling vs. Refiling of I-485: Recent USCIS Guidance and Strategy Considerations
  • What to Do If Your Client’s Adjustment of Status Application Has Not Been Adjudicated Despite a Current Priority Date
  • Guiding Clients on Future I-140 Filings and the Challenges of Predicting Visa Bulletin Movement
  • Understanding the Impact of Job Changes on Pending Cases (AC21)

AILA Membership Benefit – Access to Free Seminar Recordings (CLE Credit Available for $35)
Enjoy access to free seminar recordings (from October 2020–present) as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. CLE credit is included with purchase for live participants.

Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars, with no CLE credit, for free. Recordings are CLE eligible in most jurisdictions and an administration fee is required to obtain CLE credit.

Contact us at cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a web seminar recording.

Lisa H. York (DL), Aurora, CO 

Lisa H. York is owner of Curray York & Associates in Aurora, CO. Her practice focuses on business immigration with an emphasis on representing educational institutions, those in the energy/renewable energy sectors, as well as those in information technology and construction. Ms. York is an active member of AILA. Most recently she chaired the H-1B Online Course Committee. From 2014 to 2017, she served as an Elected Director on the Board of Governors. Previously, she served as Chair of the AILA Liaison Taskforce, Chair of the Fundamentals Section of the AILA Annual Conference, and Chair of the USCIS Field Operations Liaison Committee.

Matthew I. Hirsch, AILA Business Section Steering Committee, Wayne, PA

Matthew I. Hirsch is the principal attorney at the Law Office of Matthew I. Hirsch, a boutique immigration law practice situated outside of Philadelphia, Pennsylvania. Mr. Hirsch is a past-officer and Chair of the Philadelphia Chapter of AILA and is an alumni Trustee of the American Immigration Council. As an active member of AILA, Mr. Hirsch has been a regular speaker at local and national conferences, served on and led national committees and authored and edited published articles on immigration law. Since 1993, Mr. Hirsch has been an Adjunct Professor of Immigration and Nationality Law at Delaware Law School. He currently services on the Business Section Steering Committee for AILA.

Alexander Dgebuadze, AILA DOL Liaison Committee, Woodland Hills, CA

Alexander Dgebuadze is a partner at Sostrin Immigration Lawyers, LLP in Los Angeles, CA. He focuses on business immigration law, representing clients in academic, automotive, entertainment, healthcare, R&D and high-technology sectors. Mr. Dgebuadze has served on various AILA committees, writes and presents extensively on advanced immigration law topics, and, most recently, has served as a contributing editor and author for AILA's Guide to PERM Labor Certification (2019 Ed.). Mr. Dgebuadze is currently a member of AILA’s DOL Liaison Committee and is listed in The International Who’s Who of Corporate Immigration Lawyers and U.S. News & World’s Best Lawyers in America: Immigration Law.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.

Eligible participants can receive up to 1.8 CLE credit hours. AILA will administer CLE credit only to individuals who register and log into the web seminar. AILA cannot verify your attendance and participation in this program unless you register directly for the web seminar and use your name to log in to participate in the program. Therefore, persons who log in or listen in on the web seminar as part of a group will not be able to obtain CLE credit.

Please note that your jurisdiction may limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, visit the CLE Center.

AILA has filed for CLE and specialized credit in all jurisdictions with mandatory CLE requirements. For details about specific approvals, contact us at cle@aila.org.

  • AILA applies for accreditation upon attorneys’ request after participation for the following states: AR, DE, IA, ID, KS, KY, LA, ME, MN, MS, OR, TN and WY. Programs are typically approved.
  • Florida and Rhode Island - Attorneys must apply on their own for approval of seminars in FL and RI. Programs are typically approved.
  • The OnDemand Recording format does not qualify for CLE credit in the following jurisdictions: MO and PR. Please note that your jurisdiction may limit OnDemand credit based on the date of the original presentation. View the OnDemand Downloadable Expiration Chart for more details.

To receive CLE credit for the live event, attorneys must record web seminar attendance and the CLE code provided within one week of the web seminar date via webCLE.

Contact us at cle@aila.org or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a seminar recording.