The Visa Bulletin, published every month by the Department of State (DOS), is the key to the Green Card process. The Department of State is charged with allocating the statutory 140,000 employment-based immigrant visas each year. The Bulletin announces when an applicant can file for the coveted Green Card. A foreign national cannot file an
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File H-1B Petition; Watch for Requests for Evidence
By Jessica Feinstein on
The FY 2020 H-1B cap cases have been filed and 85,000 will be selected for adjudication. “Winning the lottery” is no longer considered the biggest hurdle, however.
Back in FY 2005, about 95% of all selected cases were approved and only about 22.3% received Requests for Evidence (RFEs). Recent USCIS statistics show that by FY…
Increased Unannounced Site Visits from USCIS Fraud Detection Arm
By Jessica Feinstein on
Historically, the U.S. Department of Labor’s Wage and Hour Division has been the primary auditor of companies using H-2B visa to hire temporary, seasonal workers. But amid debates over the cap on H-2B visas and an expressed need for more H-2B workers the USCIS’ Fraud Detection and National Security unit (FDNS) is getting into the…
What’s In and What’s Out of the Omnibus Spending Bill
By Jessica Feinstein on
The omnibus spending bill has been passed and signed by President Donald Trump in time to avoid a government shutdown. From an immigration perspective, here is what is “in” and what is “out” for the rest of the 2018 fiscal year.
In:
- $1.6 billion in funding for southern border fencing (but not the $25
…
H-2B Visa Shortage and Other Immigration Issues Hold Up U.S. Budget as Deadline Nears
By Jessica Feinstein on
The H-2B visa shortage continues, impacting thousands of U.S. businesses around the country. H-2B visas are used widely in hospitality and tourism, landscaping and the construction industry to hire foreign workers for temporary nonagricultural work. There are 66,000 available annually – half for the winter season and half for the summer season.
The first step…
15,000 Increase in H-2B Visas Comes with Strings Attached
By Jessica Feinstein on
An additional 15,000 H-2B visas will be released in response to industry demand. The USCIS will begin accepting petitions on July 19, 2017, for the fiscal year which ends on September 30, 2017. Petitions will be accepted until the 15,000 visas run out or until September 15, 2017, whichever comes first. This is only…
Demand Pushes Back Dates for China, India EB Visas, Department of State Announces
By Jessica Feinstein on
Posted in Permanent Residence, Visa Bulletin
While the Department of State’s Visa Control and Reporting Division had hoped it would not be necessary to include a cut-off date in the first preference category, that cut-off has come to pass. In its June 2017 Visa Bulletin, DOS states that, due to heightened demand, beginning on June 1, 2017, for both India and …
Expect Redesigned Green Cards from USCIS
By Jessica Feinstein on
After May 1, 2017, be on the lookout for redesigned Green Cards and Employment Authorization Documents (EADs). The USCIS will start issuing newly styled cards on May 1 as part of the “Next Generation Secure Identification Document Project” to make cards highly secure and more tamper-resistant.
New Green Cards and EADs will:
- Display the individual’s
…
H-2B Visas Crisis
By Jessica Feinstein on
Posted in Legislation, Temporary (Non-immigrant) Work Visas
The H-2B visa program is used extensively in tourist locations to hire foreign workers for “the season” to do temporary nonagricultural work. There are 66,000 H-2B visas available annually – half for the summer season and half for the winter season. An exemption from the cap for “returning workers” was not renewed for fiscal year…
Legislative and Other Challenges to Immigration Executive Order
By Jessica Feinstein on
Posted in US Immigration, USCIS
Following recent ICE arrests of 680 individuals in the Los Angeles, Chicago, Atlanta, San Antonio, and New York City areas, Senators Catherine Cortez Masto (D-Nev.), Richard Durbin (D-Ill.), and Tammy Duckworth (D-Ill.) introduced a bill to nullify the effect of President Donald Trump’s Executive Order, “Enhancing Public Security in the Interior of the United States.”…