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

Reducing the Cost of H-1B Fees: Can Employers Make Employees Pay?

In general, when an employer employing foreign nationals decides to make deductions from such an employee’s salary, the employer must be sure that doing so would not push the employee’s actual wages below the prevailing wage required by the labor certification. Exceptions are made for “authorized” deductions that are required by law and/or that are also made against the wages of U.S. workers similarly employed. Continue reading

H-1B Visa Cap Reached for Fiscal Year 2012

The United States Citizenship and Immigration Services announced this afternoon that the quota for cap subject H-1B visas has officially been reached for the Fiscal Year 2012. USCIS will reject all cap-subject petitions for new H-1B specialty occupations workers with start dates in Fiscal Year 2012. Read more at: FY … Continue reading

Employment Creation, EB-5, Visa Requirements

In order to qualify for the EB-5 immigrant visa classification, the petitioner must show that (s)he has the required funds to actively invest in an enterprise that will create no less than 10 full time jobs for U.S. citizens or other qualified workers. Not only must the petitioner provide sufficient funds—acquired lawfully—but the petitioner must also take an active role in the enterprise in which (s)he invests. Continue reading