Category Archives: I-485 Adjustment of Status

I-485 Adjustment of Status

EB-2 India unavailable for remainder of FY 2014 with retrogression likely by end of year

Effective as of  September 10, 2014, the EB-2 India category became unavailable for the remainder of FY 2014 which ends September 30, 2014.  This announcement will have no effect on the priority dates listed in the October Visa Bulletin released earlier this week. Charles Oppenheim, Chief of the Visa Control and Reporting Division at the Department of State, explained that … more

Filed Under: EB-2, I-485 Adjustment of Status, Visa Bulletin | Tagged , , | Comments Off on EB-2 India unavailable for remainder of FY 2014 with retrogression likely by end of year

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

Filed Under: I-485 Adjustment of Status, Policy Memorandum, USCIS | Tagged , | Comments Off on USCIS Revises Form I-693 Validity Period

DHS to publish new rules regarding employment authorization for H-4 visa holders

The U.S. Department of Homeland Security (DHS) is set to publish new rules regarding employment authorization for spouses of some H-1B workers. Although DHS has not revealed full details of its proposed rulemaking, it is expected to grant eligibility for employment authorization to H-4 visa holders who are spouses of H-1B workers who have filed for lawful permanent residence through employment … more

Filed Under: EAD - Employment Authorization, H-1B Visas, H-4 visas, I-485 Adjustment of Status, Nonimmigrant Visas, Priority Dates, Visa Bulletin | Comments Off on DHS to publish new rules regarding employment authorization for H-4 visa holders

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