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Total Articles: 9

Practical Implications of the High-Skilled Workers Regulation

In a previous article, we summarized the key provisions of the U.S. Department of Homeland Security (DHS) regulation, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” which went into effect on January 17, 2017. In this article, we analyze the key provisions and the practical implications for employers and employees in further detail.

Business Immigration Zone (BIZ): Back to School Edition

Summer is almost over and the 2015-16 school year is right around the corner. That’s why it is appropriate we focus on visas that are available to university professors, researchers and students in this edition of Business Immigration Zone.

Preview of Potential Changes to EB-5 Immigration Program: Source of Financing for Construction and Hospitality Projects

With the impending expiration of the Immigrant Investor Visa Program, also known as EB-5, in September, bipartisan legislation has been proposed in Congress to renew and improve the Program. The proposed changes could significantly impact the attractiveness of the program to investors, particularly in certain parts of the country. The following overview describes the proposed changes to this important immigration program which has provided billions of dollars in financing for hospitality, real estate, and other sectors in the United States over the past decade.

EB-2 India Retrogresses Significantly in November

As predicted in the August/September 2014 issue of the Immigration eAuthority, the U.S. Department of State’s (DOS) Visa Bulletin for November 2014 indicates that the priority date for the employment-based second preference category (EB-2) for Indian nationals will retrogress more than four years, back to February 15, 2005. The Visa Bulletin sets out per country priority dates that regulate when an individual may begin the final phase of the “green card” process, either through adjustment of status or consular processing of an immigrant visa application. Those with a priority date that is earlier than the date listed for that visa category and country can proceed with their application.

DOS Forecasts Significant Advancement of EB-2 India Cut-off Date; Slow Down in EB-3

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either through adjustment of status or a consular immigrant visa application. Those with priority dates that are earlier than the date listed for that visa category and country can proceed with their applications. Since the EB-2 (Employment-Based, second preference) visa category is heavily used by citizens of India and China, it can take a substantial amount of time for the dates on the Visa Bulletin for those categories to move forward.

Heavy Demand Results in Untimely Retrogression for EB-2 India

Employers and their attorneys monitor the U.S. Department of State (DOS) Visa Bulletin to determine when sponsored employees may file adjustment of status applications on Form I-485 (the last step in the permanent residence process). While, in general, the adjustment application may be filed during the month in which the Visa Bulletin is current for the related visa category and country of chargeability, it is important to note that simply because it appears from the Visa Bulletin that those with a certain priority date are current, occasionally the visa numbers are exhausted during the posted month, causing the U.S. Citizenship and Immigration Services (USCIS) to potentially return I-485 filings for which there are suddenly insufficient numbers.

July 2012 Visa Bulletin: Worldwide Cut-Off for EB-2 Category

The U.S. State Department (DOS) has issued a worldwide priority date cut-off for the EB-2 (Employment-Based, second preference) category. According to the July 2012 Visa Bulletin, the EB-2 cut-off date has retrogressed to January 1, 2009.

U.S. Department of State Confirms that FY 2012 Annual Limit for China and India EB-2 Category Has Been Reached

As we reported in the March 2012 issue of the Immigration eAuthority, the U.S. Department of State (DOS) announced that, effective March 23, 2012, no further EB-2 category immigrant visas will be authorized for China-mainland born and India applicants with priority dates later than August 15, 2007. On April 23, 2012, the DOS announced that the annual limit for the China-mainland born and India EB-2 categories has in fact been reached and, therefore, no green card applications in these categories will be approved until the beginning of the new fiscal year, which is October 1, 2012.

U.S. Department of State Confirms that FY 2012 Annual Limit for China and India EB-2 Category Has Been Reached

As we reported in the March 2012 issue of the Immigration eAuthority, the U.S. Department of State (DOS) announced that, effective March 23, 2012, no further EB-2 category immigrant visas will be authorized for China-mainland born and India applicants with priority dates later than August 15, 2007. On April 23, 2012, the DOS announced that the annual limit for the China-mainland born and India EB-2 categories has in fact been reached and, therefore, no green card applications in these categories will be approved until the beginning of the new fiscal year, which is October 1, 2012.
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