Employment-based green card filings are drawing new document questions, according to a September 15, 2026, analysis from Reddy Neumann Brown PC. The law firm reported recurring issues in Form I-140 cases, while Form I-485 adjustment cases appeared comparatively quiet near the end of the federal fiscal year.
The reported I-140 trends are based on the firm’s recent cases, not published USCIS-wide statistics. One issue involves letters used to document a foreign professional’s qualifying experience. Some requests for evidence, or RFEs, have asked whether previous employment was full-time or part-time.
Federal regulations require experience letters from current or former employers to identify the writer and provide a specific description of the duties performed. Although the cited rules do not expressly require a full-time designation, including that information can help USCIS determine whether the experience satisfies the requirements listed in the certified labor application.
For employers and beneficiaries, the practical approach is to provide experience letters that clearly state full-time or weekly hours, employment dates, job titles and detailed duties. When primary records are unavailable, federal rules permit certain secondary evidence and affidavits if the applicant explains why the preferred documents cannot be obtained.
The firm also reported questions about differences between employment information on earlier DS-160 nonimmigrant visa applications and the work history presented during the PERM and I-140 process. The State Department says DS-160 applicants may be required to provide current and previous education and employment information.
A difference between forms does not automatically establish that information was false. The forms serve different purposes and may request different levels of detail. Still, international professionals should maintain consistent employment histories across past immigration filings and be prepared to explain differences with a documented timeline.
Another reported focus is the sponsoring employer’s ability to pay the offered wage. Federal regulations require qualifying employers to demonstrate that ability from the priority date until the worker becomes a permanent resident, generally through tax returns, annual reports or audited financial statements. The September 15, 2026, extended filing deadline for calendar-year partnerships and S corporations may make finalized 2025 records newly available.
The law firm described fewer recent I-485 RFEs, but that observation should not be read as a formal USCIS processing change. The State Department set the fiscal year 2026 worldwide employment-based preference limit at 186,317 and warned that some categories could retrogress or become unavailable as annual limits are reached.
Applicants should also understand that USCIS may deny a filing without first issuing an RFE. Current federal regulations allow the agency to deny a request when required initial evidence is missing or the submitted record does not establish eligibility. Complete civil documents, medical records when required and evidence supporting the underlying immigrant category therefore remain essential.
Disclaimer: This article provides general information and does not constitute legal advice. Immigration requirements depend on the facts of each case.