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October 2019 Visa Bulletin
The U.S. Department of State publishes a visa bulletin every month that shows where they are in the process of issuing green cards. This bulletin allows people to see how long it could be before a visa becomes available for them to be able to apply for their green cards. Here is the October 2019 visa bulletin. You can also click here to see it. FAMILY-SPONSORED PREFERENCES Final Action Dates Dates for Filing Family-Sponsored Visa Applications EMPLOYMENT-BASED PREFERENCES Final Action Dates Dates for Filing of Employment-Based Visa Applications The reason that this bulletin exists is that there is a cap on the number of green cards that are issued each…
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What You Need to Know About the New Public Charge Rule Effective 10/14/2019
**UPDATE: On October 11, 2019, federal judges in New York and California ordered a nationwide block, which prevented the rule from going into effect. On January 27, 2020, the U.S. Supreme Court decided that this rule can go into effect. USCIS announced that they will begin implementing this rule starting February 24, 2020. A major change is happening starting on October 14, 2019, for those applying or adjustment of status (green card), change of status, and extension of status. Applicants will have to prove that they are self-sufficient and will not become a public charge. In other words, people who are applying for a green card, change of status,…
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Specialty Chefs and Green Cards
Did you know that if you are restaurant that specializes in a certain type of cuisine and need specialty chefs who have at least two years of chef experience in that cuisine, you may be able to petition for that chef to immigrate to the U.S. to get his or her green card (AKA lawful permanent residency)? A common issue I have heard among restaurant owners is the inability to find qualified chefs who have the experience and knowledge to cook the restaurant’s specialty dishes. However, there is a solution to this ongoing problem. There is a caveat to this, which is the understanding that it is not a process…
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June 2019 Visa Bulletin
The U.S. Department of State publishes a visa bulletin every month that shows where they are in the process of issuing green cards. This bulletin allows people to see how long it could be before a visa becomes available for them to be able to apply for their green cards. The reason that this bulletin exists is that there is a cap on the number of green cards that are issued each year. This amount has not been increased in decades, and the number of people who have applied to get a green card has far exceeded the number of visas available, which has created a backlog. For certain types…
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FAQs: Can An F-1 Student Work? Can An F-1 Student Start A Business?
I frequently get asked if an F-1 student can work. It depends. The regulations are strict regarding the ability of F-1 students (and their dependents) to work. According to the USCIS website: F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT) Optional Practical Training (OPT) (pre-completion or post-completion) Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT) For…F-1…students any off-campus employment must be related to their area of study and must be authorized prior to starting…
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Top 10 Reasons USCIS Issued Request for Evidence Letters for H-1B Petitions for the Fiscal Year 2018
USCIS recently released an a chart breaking down the top 10 reasons they issued Request for Evidence (RFE) letters for H-1B petitions that were filed for fiscal year 2018. They are the following: Specialty Occupation – The petitioning company did not establish that the position qualified as a specialty occupation. Employer/Employee Relationship – The petitioning company did not establish that there was a valid employer/employee relationship where the employer has control over the beneficiary’s work. Availability of Work (Off-site) – The petitioner could not establish that they had specific and non-speculative work assignments for the beneficiary that corresponds to the specialty occupation for the entire time requested in the H-1B…
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Humanitarian Reinstatement – How An I-130 That Has Been Terminated Due to the Petitioner Passing Away Can Be Saved
One of the sad realities of our immigration system is that it can take a very long time to bring over certain family members. For example, if a U.S. citizen mother petitions to bring her married son to the U.S., it could take over 22 years before that son will be able to come to the U.S. if he is a Mexican or Filipino national. If the son is a Canadian national, it would take about 12 years. Another reality is that a Petitioner can pass away during this waiting period. When that happens, by law the I-130 is automatically revoked. Fortunately, there is a way to save this I-130…
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Department of Homeland Security Announces Final Rule For H-1B Processing for FY 2020
With H-1B season just around the corner, the new rule for H-1B processing is something that I’ve gotten many questions on. I had written a blog post about the proposed changes to the H-1B process this past December. On January 30, 2019, DHS announced that the new rule governing the H-1B process would become final and will be effective April 1, 2019. The actual announcement of the new rule can be found by clicking here. My last blog post gives a short summary of the changes that were being proposed. Now, those procedures will become effective on April 1, 2019. However, given the short time frame from now until the…
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A TN Visa Overview: A Possible Alternative to the H-1B
Many people who are wanting to get a temporary work visa in the U.S. have likely heard of the H-1B visa. There is another classification called the TN visa that is similar in some ways to the H-1B, and if you are a Mexican or Canadian citizen, this work visa could be for you. The TN classification allows for Mexican and Canadian citizens to come into the U.S. temporarily to perform professional assignments. This classification does require that the person be a national of Canada or Mexico, have a professional assignment in the U.S., and possess a bachelor’s degree or have a professional license. The North American Free Trade Agreement…
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An Update on Processing Times
A lot of changes have happened in our immigration system, especially since Trump took office. One of the biggest changes I have seen is in processing times. Certain types of cases that used to take 3 to four months are now taking anywhere from 11.5 months to 23 months. An immigration officer had told me that when the administration changed, they saw a 300% increase in filings. That, coupled with the fact that they aren’t enough officers to keep up with the caseload, has resulted in long delays. People who live in cities with large immigrant populations are experiencing longer delays than people who live in smaller cities. Here’s an…
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