Answer No, there have not been any recent changes. For now, we are still waiting to see what Congress will do regarding reauthorization of the EB5 regional center program. Congress passed a continuing resolution to keep the government funded through February 18, 2022. The hope is...
Facebook has entered into two separate settlement agreements with the U.S. Department of Justice (DOJ) and the U.S. Department of Labor (DOL) following allegations that the company discriminated against U.S. workers with the PERM labor certification process. In accordance with the terms of the settlement,...
For many years, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, has been providing monthly visa bulletin explanations and predictions. He is scheduled to retire in December 2021, but he did make the time to provide some...
Answer Immigration officers at the U.S. ports of entry generally have discretion to admit a person on a B-1/B-2 visitor visa while that individual has a green card case pending. However, to be admitted on a B-1/B-2 visa, the foreign national typically must demonstrate a lack...
Answer For I-140 petitions filed for consular processing, the dates for filing (DF) chart indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. The immigrant visa cannot be issued by the consulate until one's priority date...
This morning, the U.S. Department of State (DOS) released the December 2021 Visa Bulletin. The most significant development is that the cutoff date for EB2 India moves past its EB3 counterpart in December. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for all...
Answer We had a similar question several weeks ago, and our response may not have been sufficiently nuanced. Our general recommendation is that, if an EB3 downgrade case has been filed and later the individual wishes to return to EB2, some action should be taken. For...
Answer There is no set amount of time a lawful permanent resident must wait to sponsor a qualifying family member for a green card. Further, the fact that she has a pending employment-based green card case does not prevent her from also being sponsored for a...
The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. During the program, Mr. Oppenheim provided some updated predictions, and revealed that he soon will be retiring. So, this likely will be...
Answer No. If the I-485 was filed based on the EB3 I-140, the USCIS normally would continue to process it as an EB3 case. In order to have the case processed under the EB2 category, one option may be to interfile the previously approved I-140 to...
