National Interest Waiver: Not just for Scientists

A big question that many people have, before even asking if they would qualify for a National Interest Waiver application, is can I even file one considering that I am a [fill in the blank with your profession].  You may be surprised that, for the most part, the answer is “Yes, people in that profession

Immigrant Visa Backlogs and Congress: Can They Fix the Problem?

Not everyone realizes but there are huge backlogs of cases for employment based immigrant visas.  For about 1 year now the EB-1 category (Extra-ordinary Ability, Outstanding Professor and Researchers and Intra-Company Transferees) category has been backlogged about 1 year for most of the world and several years for China and about 4-5 years for India.

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

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

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

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

ALERT: USCIS has submitted H-4 EAD Recission Regulation to OMB

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