27 Nov 2019

December 2019 Visa Bulletin Check-In

Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the December 2019 Visa Bulletin, Mr. Oppenheim updates predictions for some of the employment-based categories, as well...

08 Nov 2019

NewsFlash! USCIS Proposes to Increase Filing Fees for Most Immigration Benefits

This evening, the U.S. Citizenship and Immigration Services (USCIS) announced a proposed rule to increase filing fees for most types of applications and petitions. It would also add a number of new fees and change certain other immigration benefit request requirements. The proposed rule is...

07 Nov 2019

I am currently working based on H-4 EAD. Can my company sponsor me for a green card under the EB3 category?

Answer Working based on an H-4 EAD typically would have no impact on a company's ability to sponsor you for a green card. As long as you meet the standard requirements, the company can sponsor you for an EB3 position. (07.Nov.2019)Sheela Murthy and other senior attorneys...

04 Nov 2019

NewsFlash! Judge Temporarily Blocks Enforcement of Health Insurance Requirement for Admission on Immigrant Visa

On November 2, 2019, a federal judge issued a temporary restraining order (TRO) that prevents enforcement of President Trump's executive order that would have required a foreign national requesting admission on an immigrant visa to have qualifying health insurance. The rule had been scheduled to...

31 Oct 2019

My H-4 EAD is about to expire, and my EAD renewal application has been pending for three months. If I submit an expedite request and that request is denied, will it negatively impact my pending EAD application?

Answer In the current environment, the USCIS generally will only approve an expedite request if the person can provide a compelling reason and strong supporting evidence for the expedite request. That being said, if the request is denied, this normally should not negatively impact the pending...

24 Oct 2019

DOS Rule on Determining Visa Ineligibility Based on Public Charge Grounds

On October 11, 2019, the U.S. Department of State (DOS) published an interim final rule in the Federal Register, entitled Visas: Ineligibility Based on Public Charge Grounds. Once this interim final rule goes into effect, it will greatly expand the categories of public benefits considered...

17 Oct 2019

I am a U.S. citizen, and I sponsored my brother for a green card a number of years ago. He recently got married. Can I now sponsor his wife, as well?

Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, one does not need to file a separate petition for these family members. (16.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...

17 Oct 2019

My husband is working in the U.S. in H1B status. I want to visit him periodically, but I need to stay in my home country most of the time because I am still at university. Can I apply for an H-4 visa, even though my trips will be fairly short? Or should I instead apply for a B-2 visa?

Answer Normally, there is no issue with the spouse of an H1B worker traveling back and forth using an H-4 visa, even for short trips to the U.S. It is possible to do this with a B-2 visa, as well; but, unlike B-2 visitors, a person...