The United States Citizenship and Immigration Services has released a count of the cap subject H1B applications that it has received for the fiscal year 2013. H1B application season for FY2013 opened on April 2, and already USCIS is reporting 17,400 applications–more than 25% of the yearly quota–have been filed. For more information on the [...]

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, visa applicants whose applications are [...]

The Department of State has confirmed with immigration law representatives that, due to high demand, Employment-Based Second Preference priority dates for India and mainland China have internally retrogressed to August 15, 2007. As of March 23, 2012, USCIS can no longer approve EB2 adjustment of status applications with priority dates on or after August 15, [...]

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 India and mainland China to [...]

USCIS’ policy of tolling unlawful presence while an application is pending protects applicants from being forced to abandon pending applications upon the expiration of their status. Due to equitable tolling, applicants may remain in the U.S. legally for the duration of the application process, even after their previously approved status has expired.