May 2014 Visa Bulletin: Inching Forward

The May 2014 visa bulletin has been released and in many of the categories there has been little to no movement.  So, without further ado, lets run through the dates: Employment Based: Eb-1 is still current for all. Eb-2 is still current for all except India (which is still at 11/15/2004) and China (which progressed

USCIS Meets H-1B cap – Lottery Will be held

As expected USCIS announced today that it has received sufficient H-1B application to meet the H-1B cap as well as the Master’s Cap.  Therefore USCIS will conduct a lottery later this month to determine which cases will be accepted for the cap, and which will not, and will be returned with their fees.   All

H-1B Extensions and RFEs

Maybe this scenario sounds familiar:  You file for an H-1B for an employee, and get it  approved for them to work for you for 3 years. At the end of the 3 years you file a renewal for your employees H-1B.  Instead of a straight approval this time, however, USICS requests additional evidence as, according to

EB-1A Extraordinary Ability: The Cold Hard Facts

Many times we hear from clients or prospective clients that a “friend” of theirs, who has much less in the way of credentials, was approved for an EB-1A.  Sometimes it was a  “friend of a friend” or a “relative”  or some other acquaintance who had the approval.  While I have no idea if these individual stories are

Are all Recommendation Letters Created Equal?

One of the most frequent questions we get from our clients is about the Letters of Recommendations needed for the self-sponsored applications (we actually call them Expert Review or Expert Opinion Letters). People want to know who the best referees are, what the letters need to say, etc. For the most part, people believe that

The April Visa Bulletin is out

The April 2014 visa bulletin was released late last week.   For the Employment based categories, China 2nd Preference moved to March 8, 2009 and 3rd Preference worldwide, China and Mexico moved up a month to October 1, 2012.  India Second and Third Preference stayed the same and Philippines 3rd Preference also moved up a

H-1Bs: Can an Employment Contract Termination clause require the Employee to pay H-1B fees?

Here is the scenario:  An H-1B employee works for Employer A.  The employee receives a better off from Employer B, and Employer B files an H-1B transfer for them.  When the employee informers Employer A about the new filing, Employer A tells them that, per their employment contract, since they left prior to two years expiring

H-1B Process: The LCA

Every employer who wants to sponsor an immigrant for an H-1B has to file, and get certified, a Labor Condition Application (LCA).  But what is the LCA and why is it important?  The LCA has two specific purposes.  First, it is there to make sure that foreign workers are not paid wages that are lower

March 2014 Visa Bulletin Updates

The March 2014 visa bulletin was just recently published by the Department of State.  This month’s bulletin not only gave us the new cutoff dates but also provided us with some guidance as to how much the Department of State (DOS) think s that various categories will move forward in the coming months. Starting with

House Republicans release Immigration Reform principles

Just the other day House Republicans released what they called their principles for pursuing Immigration Reform.  These included creating a method for many of those in the US to illegally to legalize their status, the need to strengthen our border controls as well as our tracking systems for when non-citizens enter and leave the US,

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