The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the May Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China: EB-1 remains backlogged to January 1, 2012, EB-2 creeps forward one month to September 1, 2014, and EB-3 freezes at June 1, 2015
  • India: EB-1 remains backlogged to January 1, 2012, EB-2 remains at December 22, 2008, and EB-3 advances three months to May 1, 2008
  • Philippines: EB-2 remains current, while EB-3 stalls at January 1,2017
  • All Other Countries: All EB categories are current

NOTE: USCIS has not yet announced if it will accept I-485 applications in May based on the Department of State’s Dates for Filing chart. However, the trend over the last several months has been to NOT honor the Dates for Filing chart, and instead only accept I-485 applications based on the Final Action Dates as listed above.

The USCIS announced today that the FY2019 H-1B cap has been met.  The USCIS will hold a lottery for the H-1B visas as early as next week.  Those selected will receive receipt notices in the mail; those rejected will have their filings returned, along with the filing fee checks.   We expect that the receipt notices for those selected will begin to trickle in later this month through most of May; the rejected petitions will take longer to return.  The USCIS has not yet released the number of petitions it received.  Please check back for updates.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the March Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China: EB-1 retrogresses to January 1, 2012, EB-2 advances eight months to August 1, 2014, and EB-3 leaps ahead six months to June 1, 2015
  • India: EB-1 reverts to January 1, 2012, EB-2 creeps forward another week to December 22, 2008, and EB-3 jumps forward more than a year to February 1, 2008
  • Philippines: EB-2 remains current and EB-3 advances seven months to January 1,2017
  • All Other Countries: All EB categories are current

NOTE: USCIS has not yet announced if it will accept I-485 applications in April based on the Department of State’s Dates for Filing chart. However, the trend over the last several months has been to NOT honor the Dates for Filing chart, and instead only accept I-485 applications based on the Final Action Dates as listed above.

In a February 28, 2018, status update filing with the U.S. Court of Appeals for the District of Columbia in the matter of Save Jobs USA v. United States Department of Homeland Security, the Department of Homeland Security (“DHS”) stated its inability to issue a Notice of Proposed Rulemaking (“NPRM”)  on the rescission of H-4 EADs by its initial intended timeframe of February 2018.  DHS now expects to issue the NPRM in time for publication in June 2018.

DHS explained that after review of the draft proposal by the United States Citizenship and Immigration Services, a determination was made that significant revisions were required, including requiring a new economic analysis, which could take several weeks to complete. In this status update, DHS reiterated that its intention to publish an H-4 EAD NPRM remains unchanged.

How the rule will immediately affect employers who employ H-4 EAD workers still remains unclear.  DHS may either cancel valid H-4 EADs, render H-4 EADs invalid on a certain date, or prohibit the renewal of H-4  EADs.  Therefore, employers should seek immigration counsel as soon as possible to mitigate any risks from the expected removal of H-4 individuals, who are currently employment eligible, from the class of employment-authorized nonimmigrants.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the March Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China: EB-1 remains current, EB-2 jumps ahead another two months to December 8, 2013, and EB-3 advances two months to November 15, 2014
  • India: EB-1 remains current, EB-2 creeps forward one week to December 15, 2008, and EB-3 moves forward one month to January 1, 2007
  • Philippines: EB-2 remains current and EB-3 advances two months to May 1, 2016
  • All Other Countries: All EB categories are current

NOTE: USCIS has not yet announced if it will accept I-485 applications in March based on the Department of State’s Dates for Filing chart. However, the trend over the last several months has been to NOT honor the Dates for Filing chart, and instead only accept I-485 applications based on the Final Action Dates as listed above.

As negotiations in Congress continue towards resolving the shutdown of the federal government, individuals and companies that interact with the various federal agencies that administer immigration programs are naturally wondering how they might be affected. US Citizenship and Immigration Services (USCIS) typically provides clear information about the impact of a government shutdown on its operations. For other agencies, we can only look to prior shutdowns in 2011 and 2013 to understand what to expect.

As a general matter, only “essential” employees will continue to work until funding is restored. The following is what we anticipate with respect to the various agencies Hunton & Williams deals with on behalf of our clients:

Continue Reading How Will the Government Shutdown Impact Immigration? It Depends on the Federal Agency and Program Involved

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the February Visa Bulletin, including Final Action Dates and changes from the previous month:

  • China: EB-1 remains current, EB-2 advances nearly two months to October 1, 2013, and EB-3 jumps forward five months to September 15, 2014
  • India: EB-1 remains current, EB-2 continues a slow forward crawl –advancing 16 days to December 8, 2008, and EB-3 leaps forward an entire month to December 1, 2006
  • Philippines: EB-2 remains current and EB-3 advances two weeks to March 1, 2016
  • All Other Countries: All EB categories are current

Continue Reading February 2018 Visa Bulletin – Slow Advancement in Every Category and Projections for Future Movement

The Department of Homeland Security (DHS) announced today that because the conditions in El Salvador no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on March 9, 2018, will terminate in 18 months.  TPS allows qualifying persons inside the United States to remain and work lawfully in the United States until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations.  The final 18 months of designation gives those unable to acquire another legal status time to prepare to depart the United States by the TPS termination date.

USCIS will issue a notice in the Federal Register with the exact dates for re-registration and employment authorization document (EAD) renewal.  We expect that EADs set to expire on March 9, 2018, will be automatically extended for 6 months.  We will update this entry as soon as the Federal Register notice is released.

If 2017 is any indication, the new year will bring a fresh cascade of changes – both announced and unannounced, anticipated and unanticipated – in the business immigration landscape.  Few, if any, of these changes are expected to be good news for U.S. businesses and the foreign workers they employ.

In 2017, while much of the news media focused on the Trump Administration’s draconian changes to practices and policies that affected the undocumented – including ending the DACA Dreamer program, shutting down Temporary Protected Status for citizens of countries ravished by war and natural disaster, and aggressively enforcing at the southern border and in “sensitive” locations such as churches, courthouses, and homeless shelters – relatively less attention has been paid to the steady, incremental erosion of rights and options for legal immigrants, particularly those who are sponsored for work by U.S. employers, under the Administration’s April 2017 “Buy American / Hire American” executive order.  There is no doubt that such restrictions to the legal immigration system will continue to cause business uncertainty and disruption in 2018.  Here’s what to expect:

Continue Reading Buckle Your Seatbelts: 2018 Will Be a Watershed Year in Business Immigration