November Visa Bulletin Disappoints, Especially For EB-3 Applicants

The November visa bulletin was just released and has left many applicants disappointed, especially those who filed a downgrade from EB-2 to EB-3. However, this was to be expected, based on Charlie Oppenheim’s comments during his last YouTube video, as well as the comments at the bottom of last month’s visa bulletin. Charlie confirmed, during...

USCIS processing times continue to increase for the majority of applications and have only been made worst by the ongoing pandemic, resulting in the agency being heavily understaffed.  This is especially true for H-4 and L-2 EAD applicants.  Because of the long processing times and the fact that these categories of work authorization are not...

For the past 18 months, COVID-19 had wreaked havoc all over the world and has limited the entry of certain travelers into the U.S. With Consulate closures and travel bans, entering the U.S. has been particularly difficult for non-immigrants, especially those who require visa stamping. With limited appointments available and often the need to apply...

Another action by USCIS demonstrates that current processing times are becoming increasingly protracted. Effective September 4, 2021, USCIS announced that to accommodate current processing times for I-751 and I-829 petitions, they are increasing the validity of the receipt notices from 18 months to 24 months. Applicants who obtain a green card through a marriage where...

Last year’s October visa bulletin saw significant forward movement in dates, especially for EB-3 India, because of the large number of additional employment-based visas that were left over from the family-based preferences.  However, this year’s October visa bulletin is far less impressive.  See the link below: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-october-2021.html At the start of each fiscal year, USCIS...

Many applicants filing for an H-1B, under the previous administration, had to contend with difficult Requests for Evidence, followed by erroneous denials.  According to the National Foundation for American Policy (NFAP), a nonpartisan policy research group, the denial rates for H-1B petitions for initial (new) employment was as follows: 24% in FY 2018; 21% in...

Effective October 1, 2021, the Centers for Disease Control and Prevention (CDC) will now require all applicants seeking permanent residence to complete the COVID-19 vaccine and provide documentation to the civil surgeon before completing their medical exam. This includes applicants filing for adjustment of status in the US and those applying via consular processing. However,...

For employment-based candidates, switching jobs during the green card process is possible, once the I-485, Supp J has been pending for 180 days, without having to go through the arduous PERM process and I-140 filing. The portability rules allow an applicant to switch jobs once the I-485 has been pending for 180 days as long...