2014 USCIS Ombudsman Report: Ongoing Issues with Case Adjudication and Service Requests

The 2014 USCIS Ombudsman Annual Report, released on June 27, highlighted several ongoing problems with the adjudication of H-1B and L-1 petitions and with responses to service requests. Stakeholders primary concern with adjudication is the issuance of unnecessary and unduly burdensome Requests for Evidence (RFEs).  Currently, 43 percent of L-1A petitions and 50 percent of L-1B petitions receive an RFE.  In … more

Filed Under: Burden of Proof, Evidence Standard, H-1B Visas, L-1 Visas, Nonimmigrant Visas, Policy Memorandum | Tagged , , , , | Leave a comment

August Visa Bulletin

The Department of State’s Office of Consular Affairs has released the August Visa Bulletin. Much like the July Bulletin, the August Bulletin has moved the priority dates forward for several EB categories. India EB-2, which moved forward almost four years from the June to the July Bulletin, has moved forward another 4 and a half months from September 1, 2008 to January 22, … more

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Study finds H-1B Cap had a significant negative impact on U.S. technology industry

The Partnership for a New American Economy recently published a study showing the detrimental consequences of the H-1B Cap on the U.S. technology industry.  The study examined how the 2007 and 2008 H-1B lotteries that resulted due to more than the allotted 85,000 petition being filed within the first 90 days of the application period, affected the number of jobs and … more

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July Visa Bulletin Posted

The Department of State’s Office of Consular Affairs released the July visa bulletin today, June 10, 2014.  Unlike the June visa bulletin which saw retrogression for several countries in the EB-2 and EB-3 categories, the July visa bulletin has moved some priority dates forward. The biggest forward movement is for EB-2 India, as predicted by Charles Oppenheim, senior official at … more

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Advances in EB-2 and EB-3 priority dates predicted

Charles Oppenheim, senior State Department official in the Bureau of Consular Affairs, predicts that there will be an advancement of the EB-2 and EB-3 priority dates for India and China by the September visa bulletin.  The advancement of the priority dates will be due to unused visas in the EB-1 and EB-2 worldwide categories that are expected to spillover for … more

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USCIS Revises Form I-693 Validity Period

USCIS has revised its policy regarding the validity period for Form I-693, Report of Medical Examination and Vaccination Record. Form I-693 is submitted to USCIS to establish that an applicant is not inadmissible to the United States on public health grounds. Effective June 1, 2014, Form I-693 filed in support of a benefit application such as an I-485, is now … more

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June Visa Bulletin Posted

The State Department’s Bureau of Consular Affairs released the June Visa Bulletin on May 7.  In large part, priority dates for EB-2 have remained the same while EB-3 has retrogressed. The priority date for all applicants in the EB-2 category not from India or China continue to be current.  The priority date for China moved up slightly from April 15, 2009 in … more

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CBP Website Now Offers I-94 “History”

U.S. Customs and Border Protection (CBP) has updated its webpage offering nonimmigrant visa holders online access to their I-94 arrival/departure record to now also include the visa holder’s arrival/departure history. Upon visiting the site and agreeing to its terms and conditions, visitors will need to enter their name, date of birth, and passport information.  Clicking “Get Most Recent I-94,” will return a … more

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Department of State Offers Projections on EB-1 Visa Demand and EB-2 Cutoff Dates

On April 21, the American Immigration Lawyers Association (AILA) spoke with Charles Oppenheim, Chief of the Immigrant Visa Control and  Reporting Division at the U.S. Department of State’s Visa Office regarding his expectations on visa demand for the remainder of fiscal year 2014. In the course of that discussion, Mr. Oppenheim offered a few projections with regard to EB-1 visa demand and its … more

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USCIS to begin H-1B premium processing April 28

On April 17, USCIS confirmed that it would begin H-1B premium processing for FY2015 cap-subject petitions on April 28 which was the target date set in a March 25 press release. Premium processing includes H-1B cap subject petitions as well as H-1B petitions seeking exemption from the cap for individuals with a U.S. masters degree or higher. Premium processing requests guarantee … more

Filed Under: H-1B Cap, H-1B Visas, Nonimmigrant Visas, USCIS | Tagged , , | Leave a comment