India and China heading towards EB-1 Backlogs – November Check-In With Charlie Oppenheim on Visa Availability

The American Immigration Lawyer’s Association recently met with Charlie Oppenheim of the Department of State about the upcoming year and what the trends look like in terms of immigrant visa availability.  Here is what Charlie said in regards to employment-based visas: EB-1: First, in terms of EB-1 Employment-based visas, India has ALREADY surpassed its country

USCIS Agrees to Use Dates For Filing Again in December

Surprisingly USCIS is again using the dates for filing in December of 2106 for all categories EXCEPT for EB-5 filings.   This means that, even though your priority date is not current (i.e. there is no immigrant visa available) you may still be able to file the I-485.  Below are the dates that can be

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.

November Visa Bulletin – Some Movement, Dates for Filing Available

DOS released the November Visa bulletin and there has been some forward movement.  Importantly, USCIS is still allowing the Dates for Filing to be used for almost all applications (except EB-5 applications) to determine when you are able to file the adjustment application.  Below we will go through each category in detail. Family Based Applications:

October 2016 VIsa Bulletin: Forward Movement for All

The Department of State released the visa bulletin for October 2016 recently. Below is a summary of movement and changes. Family Based Immigrant Visa Numbers F1 – Unmarried Sons and Daughters of US Citizens: This category moved forward about 1 week to September 22, 2090 for every country except Mexico (which moved forward 1 week

Is USCIS going to request your Social Media IDs?

USCIS published a proposed regulation that would allow them to ask for social media ids (Facebook, Twitter, etc.) for certain nonimmigrants seeking entry into the US.  It would affect those filing the online application for a visa waiver entry.  The “optional” question would be placed in the application so that USCIS could look at people’s social

Checkin With Charlie Oppenheim on Visa Numbers

Charlie Oppenheim, the officer at the Department of State in charge of visa numbers and the Visa Bulletin, recently released an update to his predictions for the upcoming months. Below is a summary of some of that update. Family Based Visa Numbers According to Charlie, in September most of the family-based categories will likely hold

July 2016 Visa Bulletin and Check-In with DOS

The Department of State (DOS) released the July visa bulletin recently and Charlie Oppenheim, the person at the DOS who is in charge of the visa bulletin also updated the American Immigration Lawyer’s Association on what further movement or backlogs can be expected in the near future. For family based cases, there was not much

Updates on Court Cases against USCIS

There are two relevant updates to discuss. First, in terms of the STEM OPT court fight, the District Court this week dismissed the action against USCIS for the STEM OPT rules.  The Court found that USCIS had fixed the necessary issues and did not agree that USCIS overstepped its bounds with OPT.  However, it is

June 2016 Visa Bulletin is Out

In the last week, the Department of State released the June, 2016 visa bulletin,  USCIS has announced which tables they will utilize for this month and Charlie Oppenheim, the Department of State employee in charge of immigrant visa numbers, issued guidance for the coming months.   Below is a summary of the relevant points for all