Update from Charlie Oppenheim on Immigrant Visa Availability

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

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

August Visa Bulletin: EB-1 backlogs for India and China, EB-2 Backlogged for Everyone

The August 2016 visa bulletin was released by the Department of State yesterday.   It features backlogs for ALL countries in the EB-2 category and other changed.  However, readers should understand, that while certain countries (India and China) have regular backlogs in the EB-2 category, those for other countries in the EB-2 category and those

USCIS and Workload Transfers: What you Need to Know

USCIS frequently is juggling around case types between various service centers to try and assure that all case types are adjudicated as quickly as possible.  Fairly recently they started transferring EB-1A Extraordinary Ability cases to Nebraska from the Texas Service Center.    Even more recent certain H-1Bs were sent from Vermont to California and Nebraska.

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

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

National Interest Waiver: You May Be Surprised

Does the National Interest Waiver (a self-sponsored green card application) require that you be working for or funded by the US Government?  The short answer is no, it most certainly does not.  Is it as hard as the Extraordinary Ability application?  Again, the short answer is no, definitely not.  The National Interest Waiver is actually

Self-Sponsored Green Cards: What are your major findings?

Invariably when working with scientists it becomes apparent that USCIS’s definition of your “most important” work and our client’s definition of their “most important” work are very different.  This leads to issues over what findings should be discussed in the memo and highlighted for the USCIS officer to review.  Scientists, for good reason, feel that