Category Archives: EB-3

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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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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As India and China EB-2 Priority Dates Advance, Does a Freeze or Retrogression Look Likely in 2012?

The U.S. Department of State just issued the January 2012 Visa Bulletin, heralding a ten month improvement in priority date cut-offs for Indian and Chinese nationals in the second employment-based visa preference category, more commonly known as the “EB-2” classification.  While this rapid advancement in visa cut-off dates is truly welcome news, eligible EB-2 visa beneficiaries are well advised to … more

Filed Under: Department of State, EB-2, EB-3, Green Card, I-140, I-485 Adjustment of Status, Priority Dates, U.S. Embassies and Consulates, USCIS, Visa Bulletin | 1 Comment

The DOL Prevailing Wage Fiasco: Two Wrongs Don’t Make a Right

It’s been a tough year for the U.S. Department of Labor’s prevailing wage program. Federal District Court Judge Louis Pollak invalidated two regulatory provisions governing the calculation of wages that employers must pay to foreign H-2B workers. DOL was instructed to promulgate new regulations by December 28, 2010. The Agency thereafter sought to delay the inevitable and requested additional time … more

Filed Under: Department of Labor, EB-2, EB-3, Green Card, I-140, I-485 Adjustment of Status, PERM, Prevailing Wages, Priority Dates, Visa Bulletin | Comments Off on The DOL Prevailing Wage Fiasco: Two Wrongs Don’t Make a Right

With EB-2 and EB-3 Priority Dates Improving Slowly, Alternative Solutions Merit Consideration

The June 2011 Visa Bulletin reinforces uncertainty, and perhaps disappointment, for Indian and Chinese nationals in the EB-2 classification.  Despite the “extra” visas intended to spill into these categories, the improvement in visa cutoff dates is moderate – ten weeks for China and fifteen for India. The EB-2 dates have not improved as much as anticipated and might not do so … more

Filed Under: EB-1, EB-2, EB-3, Green Card, I-140, I-485 Adjustment of Status, Immigration Reform, Priority Dates, USCIS, Visa Bulletin | Comments Off on With EB-2 and EB-3 Priority Dates Improving Slowly, Alternative Solutions Merit Consideration

India EB-2 Priority Dates: Congress Holds the Key to Continued Improvement

The recent India EB-2 priority date improvement announced in the May 2011 Visa Bulletin has sparked speculation regarding continued progress with the category.  Pressure is mounting on employers to file (or “re-file”) cases for employees in the EB-2 category in hopes that fresh EB-2 cases will lift their EB-3 applications from the unthinkable backlogs they’ve faced for years.  But is … more

Filed Under: Department of State, EB-2, EB-3, Green Card, H-1B Visas, Immigration Reform, Priority Dates, U.S. Embassies and Consulates, USCIS, Visa Bulletin | 20 Comments