Adjustment of Status
The May 2014 visa bulletin has been released and in many of the categories there has been little to no movement. So, without further ado, lets run through the dates: Employment Based: Eb-1 is still current for all. Eb-2 is still current for all except India (which is still at
Immigration
As expected USCIS announced today that it has received sufficient H-1B application to meet the H-1B cap as well as the Master's Cap. Therefore USCIS will conduct a lottery later this month to determine which cases will be accepted for the cap, and which will not, and will
Visas
Maybe this scenario sounds familiar: You file for an H-1 B for an employee, and get it approved for them to work for you for 3 years. At the end of the 3 years you file a renewal for your employees H-1B. Instead of a straight approval this time, however,
Adjustment of Status
Many times we hear from clients or prospective clients that a “friend” of theirs, who has much less in the way of credentials, was approved for an EB-1A. Sometimes it was a “friend of a friend” or a “relative” or some other acquaintance who had the approval. While I have
Extraordinary Ability
One of the most frequent questions we get from our clients is about the Letters of Recommendations needed for the self-sponsored applications (we actually call them Expert Review or Expert Opinion Letters). People want to know who the best referees are, what the letters need to say, etc. For the
Adjustment of Status
The April 2014 visa bulletin was released late last week. For the Employment based categories, China 2nd Preference moved to March 8, 2009 and 3rd Preference worldwide, China and Mexico moved up a month to October 1, 2012. India Second and Third Preference stayed the same and Philippines 3rd Preference
USCIS
Here is the scenario: An H-1B employee works for Employer A. The employee receives a better off from Employer B, and Employer B files an H-1B transfer for them. When the employee informers Employer A about the new filing, Employer A tells them that, per their employment contract, since they
Visas
Every employer who wants to sponsor an immigrant for an H-1B has to file, and get certified, a Labor Condition Application (LCA). But what is the LCA and why is it important? The LCA has two specific purposes. First, it is there to make sure that foreign workers are not
Adjustment of Status
The March 2014 visa bulletin was just recently published by the Department of State. This month’s bulletin not only gave us the new cutoff dates but also provided us with some guidance as to how much the Department of State (DOS) think s that various categories will move forward
Immigration
Just the other day House Republicans released what they called their principles for pursuing Immigration Reform. These included creating a method for many of those in the US to illegally to legalize their status, the need to strengthen our border controls as well as our tracking systems for when non-citizens
H-1B
Under the H-1B statutes and regulations there are two concepts related to the wages that are required to be paid: The "prevailing wage" and the "actual wage". The "prevailing wage" is general determined by the Department of Labor (DOL) through a prevailing wage request
Visas
Many employers would prefer not to pay for the H-1B process for their employees that they agree to sponsor. It can be an expensive process, and it would ease the concern of many employers if they did not have to foot all of the bill. Alternatively, some employers want to