Potential EB-2 Backlog starting as early as January 2020

For those who may have missed this in my last blog post (See here), there is a potential that the EB-2 category, which includes the National Interest Waiver may no longer be current for ANY country come January 2020.  What does this mean? In order to file the I-485 application, there must be an immigrant visa

December Visa Bulletin Update

The December Visa Bulletin was released just a couple days ago. The most startling item in the bulletin was a note by Mr. Oppenheim stating that EB-2 and EB-3 may no longer be current come January or February of next year.  This is a major change from previous years, as these categories either remained current,

USCS Raising Fees

USCIS just released a proposed rule that would increase most fees for USCIS benefits, some by quite a bit.  I will go through some of the proposals below. I-485: Adjustment of Status Currently, there is a general fee for the I-485 that covers filing the I-485, and the filing of the I-765 and I-131 applications.

November Visa Bulletin and an Update From Charlie Oppenheim

Before discussing the visa bulletin for November, I just wish to apologize for the absence of posts in the last couple of months.  In the future I shall make sure that there are no more long pauses such as the one that occurred and will ensure that I am able to get out relevant information

August 2019 Visa Bulletin Released – Backlogs All Around

Just yesterday the Department of State released the Visa Bulletin for August 2019 and there are backlogs all around for Employment Based Green Cards – updates for all categories below: EB-1A:  This has been backlogged for quite a while, but is retrogressing a couple years this month to July 1, 2016 for everyone except India,

Update on the new 90 Day Rule and USCIS

Back in.    we wrote an article about the Department of State adopting a new rule on inadmissibility called the 90-day rule.  This replaced their previous 30/60 rule.  For a full rundown on the change in the regulation and what it means, see the article we wrote here.  Basically, the 90-day rule means that any

Update from Charlie Oppenheim on Immigrant Visa Availability

Charlie talked with the American Immigration Lawyers Association again at the end of March.  Here are some updates that he gave on potential movements of priority dates in the future.   To summarize:  EB-1 usage is high, not a lot of movement.  EB-2 usage is normal so steady movement.  For more details, see below. Data

Do Workers Hired on the H-1B Visa Displace US Workers?

When looking specifically at the H-1B visa, there have been many news stories over the last two years – some claiming that the H-1B is primarily used to displace US workers (especially in the IT area), and that it is used to artificially keep wages lower.  Others claim the exact opposite, that the H-1B compliments

Case Processing Times are Rising as Number of Cases being Processed Drops

Many of you have probably noticed the increase in processing times at USCIS lately – I-140s are taking a long time, H-1Bs and other changes of status applications are talking almost a year to process, and I-485s are now well over a year to process as well. Well, the American Immigration Lawyer’s Association has reviewed

March 2019 Visa Bulletin Released

Recently, the Department of State and Charlie Oppenheim released the new March 2019 Visa Bulletin.  Below is a summary of the movement in each category. Family-Based cases:   F1: Final Action dates moved forward to about a month for most countries – October 22, 2011 for All Other Areas, China and India.  Mexico had no

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