The U.S. Citizenship and Immigration Services (USCIS) recently updated the section of its online policy manual that discusses the employment-based, fifth preference (EB5) immigrant investor visa program. The update clarifies that, once a petition by an entrepreneur to remove the conditions on permanent resident status...
Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions most months. For June 2018, Mr. Oppenheim discusses the possibility of movement in the employment-based, second preference (EB2) and employment-based, third preference (EB3)...
Answer Yes, as long as the current AP is valid, it can be used. The denial of the extension should not be problematic. One would need to refile upon return. (21.May.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer One should consult with a qualified attorney to review one's qualifications. However, two publications generally would not be sufficient to qualify for EB1(a) or EB1(b), unless the publications were extremely influential in the field. (14.May.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...
The U.S. Department of State (DOS) released the June 2018 Visa Bulletin. As expected, there is virtually no movement in any of the employment-based categories. Cutoff Dates Virtually Unchanged In the employment-based, second preference (EB2) category, India's cutoff date inches forward to December 26, 2008. This is...
The U.S. Citizenship and Immigration Services (USCIS) has adopted the Administrative Appeals Office (AAO) decision in Matter of S-P-, Inc. In adopting this decision, the USCIS also issued a policy memorandum clarifying that a beneficiary cannot qualify as an employment-based, first preference immigrant as a...
Answer An I-485 EAD provides nearly unrestricted work authorization. So, yes, a person may have multiple employers. It is important to remember, however, that one's green card job offer normally should be retained at all times so that one remains eligible for the I-485 approval. (07.May.2018)In...
Most months, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, Charles Oppenheim, provides visa bulletin explanations and predictions. For the May 2018 Visa Bulletin, Mr. Oppenheim only provides some very minor, short-term predictions. Family-Based Preference Categories For most family-based (FB) preference...
Answer If there has been a material change to the nature of the position (as described on the ETA9089 form) that generally would require filing a new labor certification and I-140 petition for that new position. However, if you have an approved I-140, you should be...
The U.S. Department of State (DOS) is proposing a number of changes to both the online application for a nonimmigrant visa (form DS-160) and the electronic application for an immigrant (form DS-260). The most significant changes to the forms would be to include requests for...
