by Cyrus D. Mehta* The Department of State Visa Bulletin for June 2009, http://travel.state.gov/visa/frvi/bulletin/bulletin_4497.html, notes that the India Employment-Based Second Preference (EB-2) has retrogressed to January 1, 2000. The Employment-Based Third Preference (EB-3) for all countries of the world continues to remain unavailable. The June Visa Bulletin also states that the demand for numbers, primarily […]
by Adam Ketcher* To adjust his or her status to lawful permanent resident under section 245(a) of the Immigration and Nationality Act (“INA”), an individual must show the Service,1 or an Immigration Judge,2 that s/he has been admitted to the United States following inspection (or parole) by and authorization from an immigration officer,3 that […]
byCora-Ann V. Pestaina* Today, foreign nationals seeking permanent resident status in the U.S. through employment, face increasingly dwindling options. For many U.S. employers, sponsorship of a foreign national is less of a priority, or even a possibility, as they struggle to weather the continuing economic downturn. More often than not, even those individuals fortunate enough […]
Headlines: 1. H-1B Cap Not Yet Reached, USCIS Announces – The agency continues to accept petitions subject to the general cap. 2. DOL Announces New LCA/PERM Labor Cert Electronic Application System – ‘iCERT’ is a new electronic system for submitting the labor condition application (LCA) and the application for permanent labor certification. 3. DOL Extends […]
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by Cyrus D. Mehta* The State Department’s Visa Bulletin for May 2009, available at http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html, indicates that the Employment-Based 3rd Preference (EB-3) for all countries will become unavailable on May 1, 2009. Similarly, the Unskilled “Other Worker” category within EB-3 will also become unavailable on May 1, 2009. Therefore, those who are beneficiaries of approved […]
byCyrus D. Mehta* As prospective students to the US are thinking of applying for a student visa at an overseas US consulate, it is important to take note of a helpful Department of State advisory that was sent to consulate posts worldwide, Students and Immigrant Intent, Cable, DOS, 05-State-180015 (Sept. 28, 2005) (“DOS Advisory”). The […]
CDMA Update: The good news is that the USCIS did not receive more than the allotted number of H-1B visas under either the 65,000 H-1B cap or the 20,000 Master’s cap as of April 7, 2009, which was the last day of the 5 day filing window. This window would allow all H-1B petitions received […]
Headlines: 1. H-1B Update: FY 2010 Filing Starts April 1 – USCIS has put in place a five-day window for H-1B filings if the agency receives 65,000 or more applications within the first five business days in April. 2. H-2A/H-2B: DOL Withdraws Interpretation of FLSA On Relocation Expenses – The interpretation said that the FLSA […]
By David A. Isaacson* The Visa Waiver Program (VWP), established under Section 217 of the Immigration and Nationality Act (INA), allows nationals of certain countries to enter the United States without the necessity of obtaining a visa. Those who take advantage of this program are required to waive many of their rights to contest their […]
