News, Alerts and Analysis

May 2021 Visa Bulletin – Continued Forward Movement for EB India

The U.S. State Department has just released the May 2021 Visa Bulletin which is the eighth Visa Bulletin for the fiscal year. The headline in the upcoming month’s Visa Bulletin is the continuing significant forward movement for EB-2 and [...]

By |2021-04-29T13:21:51-04:00April 29th, 2021|AOS, Articles, I-485, News, News Alert, Visa Bulletin|

How to Port and Retain a Pending I-485 to a New Employer Under AC21 – I-485 Supplement J

With many applicants filing (or having filed) adjustment of status (I-485) applications, especially in the EB-2 and EB-3 India and China categories, and due to the fact that there are many I-485 [...]

By |2024-01-29T17:00:51-05:00April 15th, 2021|AC21, Articles, I-485, News|

USCIS Allows Petitioners of Denied H-1Bs Under Now-Rescinded Memoranda to Seek Reopening (and Approval)

USCIS has recently announced that they will allow H-1B petitioners of certain denied H-1B petitions to petition USCIS to reopen (and hopefully, approve) the denial decision in light of certain now-rescinded policy memoranda (third-party worksite placements’ [...]

By |2021-03-28T11:44:41-04:00March 28th, 2021|Articles, Employers, H-1B, News, News Alert|

H-1B Cap Season Timelines

As we are in the back end of this year's H-1B work visa “cap” registration season (registration ends at noon ET on March 25th), we wanted to provide a reminder for the remaining steps and timelines for this year's H-1B cap season. As a reminder, the H-1B cap season this year has (1) registration period, [...]

By |2021-03-18T12:42:36-04:00March 18th, 2021|Articles, H-1B, News, News Alert|

H-1B Cap Lottery: Are Chances Going to be Higher Next Year?

As we are just about to enter into this year's H-1B cap lottery registration, we hear a common and interesting question from candidates and employers who are trying to evaluate the chances of selection under the lottery, "Would the chances of H-1B cap lottery selection be higher next year?" The answer is that different groups [...]

By |2021-03-04T11:55:40-05:00March 4th, 2021|Articles, H-1B, News, News Alert|

March 2021 Visa Bulletin – Notable Forward Movement for EB India

The U.S. State Department has just released the March 2021 Visa Bulletin which is the sixth Visa Bulletin for the fiscal year. The headline in the upcoming month’s Visa Bulletin is the significant forward movement for EB-2 and EB-3 [...]

By |2021-02-25T12:09:00-05:00February 25th, 2021|Articles, EB-2, EB-3, News, News Alert, Visa Bulletin|

Biden Administration Withdraws Plan to Rescind H-4 EAD Rule But Challenges Remain

The Biden Administration has withdrawn Trump's plan to rescind the H-4 EAD program. The proposed rule, “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization,” which was under review by the Office of Management and Budget (OMB) and Office of Information and Regulatory Affairs (OIRA) has been withdrawn as of January [...]

By |2021-02-11T10:12:29-05:00February 11th, 2021|Articles, H-4 EAD, News, News Alert|

USCIS: H-1B Cap Selection Continues to be Random Lottery (and Not Salary-Based)

As we are heading into the H-1B cap season this year, USCIS has just announced that a January 7, 2021 H-1B Selection final rule which sought to introduce salary-based selection will be delayed until at least December 31, [...]

By |2021-02-05T08:12:22-05:00February 5th, 2021|Articles, H-1B, News, News Alert|

February 2021 Visa Bulletin – Minor Forward Movement; Predictions for Upcoming Months

The U.S. State Department has just released the February 2021 Visa Bulletin which is the fifth Visa Bulletin for the FY2021 fiscal year. The headline in the upcoming month’s Visa Bulletin is the slowing rate of forward movement [...]

By |2021-01-22T15:06:49-05:00January 22nd, 2021|Articles, I-485, News, News Alert, Visa Bulletin|

Biden Administration Blocks Implementation of Revised H-1B Specialty Occupation, DOL Wage Level Increase and H-1B Cap Wage Priority Rules

Among the many first-day actions taken by the new Biden administration was to immediately put a block (or delay) to some of the last-minute employment-based immigration rules which were sought to be rushed by the prior administration. In a January 20, 2021 memo, White House Chief of Staff Ron Klain directed in part, that (a) [...]

By |2021-01-21T08:48:11-05:00January 21st, 2021|Articles, Employers, H-1B, News, News Alert|

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