Answer The "merit-based system" discussed by the Trump Administration was merely a proposal. There is not even an active bill in Congress to effectuate such a change, so any speculation on the requirements is premature at this point. And, chances of such a bill being signed...
The employment-based, fifth preference (EB5) category returns to being current in the July 2020 Visa Bulletin. This is the first time in a year that EB5 India has not required a final action cutoff date in the monthly visa bulletin. Still, it is important to...
Answer U.S. citizens normally can apply for their parents' "green cards" if they are physically present in the U.S. and have been legally admitted. This is done by filing an application for adjustment of status. The rules from the Trump administration, thus far, have had no...
Answer This situation actually occurs frequently. One can file the N-400 application for naturalization (i.e., citizenship) while the I-751 is still pending. However, the N-400 cannot be approved until the I-751 has been approved. Occasionally, USCIS officers will have both files, and conduct interviews for both...
The U.S. Department of State (DOS) has released the July 2020 Visa Bulletin. All cutoff dates listed refer to the dates in the final action (FA) chart, unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category for India continues to advance. The cutoff...
The U.S. Department of Health and Human Services (HHS) has announced changes to the J-1 waiver program for clinical care in response to the public health emergency created by COVID-19. These changes expand the potential pool of physicians and their employers who could seek J-1...
Answer Ordinarily, a U.S. company can initiate the PERM process at any time, even if the beneficiary has not yet joined the company and/or is not in the United States. (09.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer There are many green card holders who have found themselves stuck outside the U.S. for a prolonged period of time. There are no special rules that have been created because of the pandemic, but the mere fact that you have been outside the country for...
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. Due to the COVID-19 pandemic, Mr. Oppenheim is currently working from home, and therefore is unable to access certain government databases....
Most foreign nationals who apply for permanent residency (commonly, a “green card”), through the employment-based, fifth preference (EB5) immigrant investor category, meet the investment requirement by using the regional center program. Although the EB5 petition process is largely identical whether the immigrant investor applies through...
