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,

Check in With Charlie Oppenheim on Immigrant Visa Movement

Charlie Oppenheim has released some more information on how he sees immigrant visa usage heading this year. Overall his  predictions are largely positive, with forward movement predicted in most categories.  However, it should be noted that the new USCIS policy requiring transfer of employment-based I-485s to field offices for interview is expected to increase volatility

January 2018 Visa Bulletin and Update from Charlie Oppenheim

There have been some movements on the immigrant visa front, and some setbacks.  Below is an update on where things are and where they may be going. Employment Based Immigration Visas: EB-1:  Current across the Board for now, however according to Charlie, India and China may backlog by summer. EB-2:  Current for Wordwide.  China progressed

Update from Charlie Oppenheim RE: Visa Bulletin Movement

Charlie Oppenheim recently released a new update on possible movement of various visa categories.  While for the most part there are no surprises, it is good to review what he says on your particular category to ensure you are not surprised in future months.  However, overall, it was a short update this month. EB-1:  All

November 2017 Visa Bulletin Released

The Department of State released the November 2017 visa bulletin.  This bulletin includes some modest forward movement in most categories. Family Based Immigrant Visa Numbers USCIS has allowed people to base the filing of the Adjustment of Status applications on the Dates for Filing.  However those dates have not changes since last month.  As most

New Rule – All Employment Based I-485 application will have Interviews

Recently USCIS issued a new rule stating that all employment based green card applications will be subject to interview starting on October 3, 2017.  Just this week AILA members and the Ombudsperson for USCIS had a Stakeholder Call to discuss the new rule. Here are the details that came out of this call:  All EB

NIW Adjudications on Hold

A couple of weeks ago we informed you that the AAO decided a case in which they changed the standard for adjudicating NIW cases (See this blog post).  USCIS has confirmed today that ALL pending NIW cases are on hold pending training for officers on the new standard.  USCIS did indicate, however, that processing of these

National Interest Waiver (NIW): NYSDOT overturned, new standard introduced

On December 28th, 2016 the Administrative Appeals Office issued a decision in Matter of DHANASAR that has changed the landscape for National Interest Waiver cases.  This is of major importance as the National Interest Waiver is one of only two self-sponsored applications and many scientists, researchers, entrepreneurs, and others use this application to obtain Permanent

Final Rule Published by USCIS – Clarifies H-1B Cap Exemptions, Grace Periods for Non-Immigrant Visas, Retention of Priority Dates, and More

USCIS has just issued its final rule to  amend and add to its regulations regarding highly skilled worker.  These are the same changes I discussed about 1 year ago when USCIS issued a draft rule on these issues.  They have now been adopted.  Below is a summary of the provisions of this new rule.  Please

December Visa Bulletin: Baby Steps

DOS released the December Visa bulletin and there are only some modest moves forward, as detailed below.  Unfortunately, USCIS has not yet stated if they will still allow the Dates for Filing to be used to determine when you are able to file the adjustment application.  We will update you once USCIS releases that information.