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Editor: TBD
Contributors: Brian S. Weiss, Herbert Weiss, Kristen Quan Hammill, Prakash Khatri, Faye M. Kolly, Howard L. Kushner, Dorothee B. Mitchell, and Sherry Neal

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Table Of Contents Bios BUY NOW!


Part I. I-140 Introduction
Chapter One: Editor's Introduction
Chapter Two: Basic Important Employment-Based Concepts by Kristen Quan Hammill

Part II. I-140 by Herbert A. Weiss
Chapter One: Basic Overview of the I-140 EBIV Process
Chapter Two: The Scope of Agency Authority
Chapter Three: The Job Offer Requirement
Chapter Four: The Immigration Act of 1990
Chapter Five: The EB-11 Extraordinary Ability
Chapter Six: The EB-12 Outstanding Professor and Researcher
Chapter Seven: The EB-13 Multinational Manager and Executive
Chapter Eight: The EB-2 Advanced Degree Professional and Person of Exceptional Merit and Ability
Chapter Nine: The EB-3 Professional, Skilled Worker, And Other Worker
Chapter Ten: The I-140 Form
Chapter Eleven: The Standard of Evidence
Chapter Twelve: Priority Dates
Chapter Thirteen: Filing Multiple Petitions
Chapter Fourteen: Successors in Interest
Chapter Fifteen: Ability of Prospective Employer to Pay Wage
Chapter Sixteen: Portability
Chapter Seventeen: Revocation, Invalidation and The Section 204(c) Bar
Chapter Eighteen: Withdrawals and Appeals/Motions
Chapter Nineteen: A Checklist For Putting Together I-140s (And Some Do's And Don'ts)

Part III. Special I-140 Topics
Chapter One: Step by Step For Schedule A Applications by Sherry Neal
Chapter Two: Aliens of Exceptional Ability in the Performing Arts by Howard L. Kushner
Chapter Three: Derivative Beneficiaries of Employment Based Immigrant Petitions and the Child Status Protection Act (CSPA) by Dorothee Mitchell and Faye M. Kolly
Chapter Four: The Future of The I-140 (Employment-Based Immigration) Process by Prakash Khatri



Brian S. Weiss is an associate at Garganigo, Goldsmith & Weiss. Mr. Weiss received a Bachelor of Science in Accounting from SUNY Binghamton in 2001 and a Juris Doctor from Benjamin N. Cardozo School of Law in 2004. He is active in all phases of immigration and nationality law, focusing primarily on employment and family based immigration.

Herbert A. Weiss is a partner at Garganigo, Goldsmith & Weiss, based in New York and has been serving the immigrant community for thirty five years. He has practiced immigration law since his admission to the bar. He has been a member of the firm since 1979. He received a Bachelor of Arts from Columbia University (1973) and a Juris Doctor from Hofstra University School of Law (1976). Mr. Weiss has been an active member of the American Immigration Lawyers Association (AILA), serving as treasurer, secretary, vice-chairman and chairman of its 500 member New York Chapter. Mr. Weiss has also been a member of several key national and local AILA committees, including Department of Labor Liaison, INS Regional Service Center Liaison, Legal Referral, and Membership. He has served for many years as a mentor to AILA attorneys on employment-based immigration law. Also a member of the American Bar Association, he has lectured at academic and professional seminars and has published many articles on employment-based immigration law in professional journals.

Kristen Quan Hammill is an attorney with FosterQuan, LLP’s Washington, D.C. and Houston offices. She received a Bachelor of Arts degree from the University of Virginia and her Juris Doctor degree from Tulane University School of Law. While at the University of Virginia, she served as Director of the Migrant Aid volunteer program. Her practice area focuses primarily on employment-based and family-based immigration. She has been a guest speaker on KPFT 90.1 FM’s “Coming to America” weekly radio program. She is an active AILA member with both the Texas and Washington, D.C. chapters. She is admitted to practice as an attorney in Texas and before the United States Supreme Court.

Prakash Khatri is the Chief Executive Officer of Khatri Law Firm. Recognized as one of the “50 Most Influential Indian-Americans” by India Abroad in 2007, Khatri is a renowned specialist and public speaker on immigration law and related matters. He has provided expert commentary on immigration issues for television and radio programs and has shared his insights at countless immigration conferences, seminars and debates. Mr. Khatri was a CIS Ombudsman and a recognized expert on immigration matters and was regularly consulted for advice by policymakers in the departments of Homeland Security, State, Labor and Justice, the Office of Management and Budget, and the White House on immigration-related matters. He also managed the Immigration Compliance Department for Walt Disney World Co. in Lake Buena Vista, Florida from 1998 to 2003. In 1984, at the age of 22, Khatri became the youngest attorney admitted to the Florida Bar. He began his legal career working for personal injury attorneys. In the aftermath of the Union Carbide gas explosion, he subsequently was sent to Bhopal, India where he developed and coordinated case files of more than 500 injured clients for the firm. Mr. Khatri is a graduate of Stetson University and Stetson College of Law in Florida. He is a member of the Florida Bar and the District of Columbia Bar.

Faye M. Kolly is an attorney with FosterQuan, LLP’s Austin office. She received her undergraduate degree from the University of Notre Dame and spent a semester abroad in Santiago Chile at the Pontificia Universidad Catolica de Chile. She earned her doctor of jurisprudence from Saint Louis University School of Law in Missouri where she also spent a summer in Mexico at the Facultad de Derecho, Universidad de Guanajuato. While in law school, Faye earned a certificate in International and Comparative law studies and served on the Public Interest Law Review. She was awarded the Eastman Fellowship and worked for the Catholic Immigration Law Project. She served as a student law clerk for a federal magistrate judge in the Eastern District of Missouri. Prior to attending law school, Ms. Kolly was a program coordinator and director for the Human Rights Documentation Exchange in Austin, TX, providing country condition research for asylum seekers and immigrants. Ms. Kolly is admitted to the State Bar of Missouri and the U.S. District Court for the Eastern District of Missouri and the American Immigration Lawyers Association.

Howard L. Kushner is a partner in the law firm of Kushner And Kushner, P.C. with offices in Charlotte, North Carolina. A graduate of Cornell University (1961) and Georgetown University Law Center (1964), Mr. Kushner has been practicing Immigration Law since 1964. He is a Founding Member and past Chapter Chair of the Upstate New York Chapter of the American Immigration Lawyers Association and in October 1999, Mr. Kushner was the recipient of its first Distinguished Immigration Practitioner Award. Mr. Kushner has authored articles on immigration, lectured to the Immigration Bar, American Bar Association, and Canadian Bar Association and acted as a Consultant to the Canadian Consulate (New York) and the Canadian Department of Foreign Affairs and International Trade in its Consular Awareness Program.

Dorothee Mitchell is an attorney with FosterQuan, LLP’s Washington, D.C. and Austin offices. Dorothee is a Member of the California State Bar, admitted to the U.S. District Court, Northern California. She is also licensed to practice law in Germany as Rechtsanwältin. Dorothee concentrates her practice on employment-based immigration with special focus on European and German corporations and German-speaking clients. She has been a speaker on immigration topics at seminars and conferences. She is an active AILA member with the Washington, D.C. chapter.

Sherry Neal is a partner at Hammond Law Group, LLC in Cincinnati, Ohio. She advises employers and foreign nationals on employment immigration issues. She can be reached at

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