The Department of State's Visa Bulletin for the month of July 2017 includes the following information: CHINA Employment-based Third (E3) preference category: Readers were advised in item F of the June Visa Bulletin number 6, that it would be necessary to impose a date...
Topic: Immigration Updates
Certain STEM OPT and English Language Students Affected by Loss of Accreditation
Certain students applying for 24-month STEM OPT (optional practical training in science, technology, engineering, or math) extension programs and English language study programs are being affected by the U.S. Department of Education's decision in December no longer to...
International Entrepreneur Final Rule Sent Back to OMB for Further Review
A final rule on international entrepreneurs, issued by the Obama administration on January 17, 2017, and scheduled to take effect July 17, 2017, was recently returned to the Office of Management and Budget for further review. The Trump administration has not yet...
Labor Dept. Announces Aggressive Anti-Visa Fraud Measures; White House Considers H-1B Overhaul
Secretary of Labor Alexander Acosta recently announced actions "to increase protections of American workers while more aggressively confronting entities committing visa program fraud and abuse," according to a Department of Labor (DOL) press release. Secretary Acosta...
New State Dept. Form Asks Certain Visa Applicants ‘Supplemental Questions’ Regarding Social Media Usage
A new Department of State form, DS-5535, for visa applicants asks supplemental questions of "[i]mmigrant and nonimmigrant visa applicants who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa...
Ninth Circuit Rules Against President Trump’s Revised Travel Ban
The U.S. Court of Appeals for the Ninth Circuit held on June 12, 2017, that President Donald Trump exceeded his statutory authority delegated by Congress in issuing a revised executive order banning travel to the United States from certain countries. In suspending the...
Why is my Visa Delayed?
In certain cases, an immigrant visa applicant will receive a notice at the conclusion of the consular interview informing them that their case has been placed on hold pending administrative processing under section 221(g) of the U.S. Immigration and Nationality Act....
Green Card Processing in the U.S. vs Abroad
The Legal Permanent Resident (“LPR”) or green card application process involves at least two steps: 1) the immigrant visa classification petition and 2) screening for admission as a permanent resident. Step two can be pursued in two alternate ways – one from inside...
Wage Requirements for H-1B Employees
U.S. Labor Department (USDOL) regulations affecting the employment of H-1B nonimmigrants require an employer to explicitly document that the H-1B employee is not paid less than American workers in the same position at the employer’s worksite. The pay plus benefits for...
Employer Profitability Needed for Green Card Sponsorship
An employer sponsoring an immigrant for legal permanent residence, or a green card, must provide proof that it has the ability to pay the required wage to the sponsored immigrant employee. Proof of ability to pay must be created from the time the priority date is...
