What to Do After H-1B Petition Denial: How and When to Submit I-290B MTR/Appeals?
An unfortunate fact about the current H-1B climate is the historically high request for evidence (“RFE”) and denial rates for H-1B petitions. Government data and research by many organizations (see National Foundation for American Policy (NFAP) analysis) have shown historically high H-1B denial rates – with some first-time H-1B petitions having a denial rate of 32% compared to 6% just [...]
September 2019 Visa Bulletin – Retrogression and Unavailability for Many EB Categories; Last Bulletin for Fiscal Year
The U.S. State Department has just released the September 2019 Visa Bulletin which is the last Visa Bulletin for the FY2019 fiscal year. The headline in the upcoming month’s Visa Bulletin is the significant additional retrogression in many employment-based categories (except for Rest of World) and the unavailability for EB-1 India. FB-2A continues to be current in the last Visa [...]
August 2019 Visa Bulletin – Cutoff Dates for EB-2 and EB-3 ROW; Additional Retrogression for EB-1
The U.S. State Department has just released the August 2019 Visa Bulletin which is the eleventh Visa Bulletin for the FY2019 fiscal year. The headline in the upcoming month’s Visa Bulletin is the introduction of a cutoff date for many categories, including EB-2 and EB-3 Rest of World, combined with the significant retrogression in EB-1. […]
USCIS Reverses Position on FB-2A: Will Use Final Action with “Current” Dates Allowing I-485 Filings
The two weeks since the release of the July 2019 Visa Bulletin have created much confusion with in the FB-2A category and especially with respect to which dates would USCIS use in determining who can file I-485 adjustment of status. Initially, on June 14, USCIS indicated that for all family-based cases (including FB-2A), they will use the “Filing” dates. [...]
Should I Bring an Attorney With Me to the USCIS Interview?
With a very few exceptions, an in-person interview with USCIS adjudicator is a required step in the review process for all employment and family I-485 adjustment of status and all N-400 naturalization applications. An interview is required for many I-751 removal of condition applications as well. An applicant has the right to be accompanied by an attorney to such interview [...]
New Zealand Citizens Now Eligible for E-2 Treaty Investor Visas
Beginning June 10, 2019, New Zealand has been added as an E visa treaty country which makes its nationals eligible to obtain the E-2 treaty investor (and the E-1 treaty trader) visa classification (see Public Law 115-226). Spouses and unmarried children under 21 years of age of such treaty investor and employees are also eligible for the E-2 classification. [...]