July 2012 Visa Bulletin

The Department of State has released the July 2012 Visa Bulletin. The EB2 category for immigrants from India and Mainland China remains unavailable at this time. The EB2 category has retrogressed in all other areas of chargeability to January 1, 2009. Priority dates for most other employment-based categories have remained … Continue reading

June 2012 Visa Bulletin: EB2 Category Unavailable

The U.S. Department of States has officially released its June 2012 Visa Bulletin. As projected, visa numbers in the EB2 category from India and Mainland China have become unavailable. The designation “unavailable” indicates that no visas will be issued to applicants holding EB2 priority dates until such time as new … Continue reading

Update: EB2 Priority Date Retrogression

As we mentioned last week, the Department of State (DOS) has confirmed that Employment-Based, Second Preference priority dates have retrogressed for applicants from India and mainland China. The DOS will not issue any new visas to EB2 adjustment applicants from these areas with priority dates after August 15, 2007. However, … Continue reading

Update: EB2 Priority Date Retrogression

The Department of States’ Chief of Visa Control and Reporting, Charlie Oppenheim, has released an updated statement to the American Immigration Lawyers Association regarding Employment-Based Second Preference priority dates. Mr. Oppenheim has confirmed that the Department of State’s May 2012 Visa Bulletin will reflect retrogression of EB2 priority dates for … Continue reading

Priority Date Projections: EB2 Retrogression Expected

On March 16th, the Department of States’ Chief of Visa Control and Reporting, Charlie Oppenheim,  informed guests of the American Immigration Lawyers Association’s Midwest Regional Conference in Chicago that he expected Employment-Based Second Preference priority dates to retrogress for immigrants born in India and mainland China. The Department of State’s … Continue reading

The StartUp Visa Act of 2011 and the EB6 Visa Classification for Sponsored Entrepreneurs

If passed, the StartUp Visa Act of 2011 would create an opportunity for immigrant entrepreneurs to bring their innovative business plans to the United States. It would add to the number of immigrant visas issued every year, but would draw from the number of visas already allocated to the EB-5 visa classification. In recent years, only half of the yearly allotment of visas in the EB-5 category has been issued. In theory, the implementation of the Act would help stimulate the U.S. economy by attracting a greater number of talented entrepreneurs who may not have qualified for immigrant visas before due to financial limitations. Continue reading

Information About the Legal Immigration Family Equity (LIFE) Act of 2000

The LIFE Act of 2000 creates an opening for applicants looking to adjust status to that of lawful permanent resident that may otherwise be ineligible at this time. The applicant must be the beneficiary of a qualifying immigrant visa petition that was properly filed and approvable at the time of filing. The petition must have been filed prior to April 30, 2001. Through the LIFE Act, beneficiaries of such petitions could be eligible for adjustment of status regardless of the manner in which they entered the country, whether or not they worked in the United States without authorization, and whether or not they failed to continuously maintain lawful status since entering the country. The Act, however, should not be seen as blanket amnesty, as it does not waive all grounds of inadmissibility and does not guarantee forgiveness of the grounds listed above. Continue reading

“Follow to Join” Procedures for Immediate Family Members of Preference-Based Immigrant Visa Holders

Summary: Immediate family members (spouses and children under the age of 21) of immigrant visa holders may follow to join the principal beneficiary of an approved immigrant visa petition in a derivative visa status. The form I-824, Application for Action on an Approved Application or Petition, should be used to notify the U.S. consulate in the beneficiary’s country of citizenship that his or her visa petition has been approved and that his or her family members are applying for derivative visas in order to follow to join. Continue reading