EB2 NIW | National Interest Waiver Processing Time and Application

EB2 NIW | National Interest Waiver Processing Time and Application






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PERM: More Questions than Answers

The March 28 start of the Program Electronic Review Management (PERM) has been greeted with more questions than answers. PERM is the Department of Labor (DOL)'s new electronic process for filing and processing labor certification applications for permanent employment-based immigration. The new PERM system is intended to help streamline the permanent labor certification system and thus combat the current labor certification backlog. One of the main questions raised by PERM is what happens to labor certification applications filed before PERM began.  PERM regulations allow employers to keep their current priority dates if they withdraw their original labor certification applications and re-file "identical" applications through PERM. While refiling through PERM may mean a relatively rapid adjudication, many lawyers and employers are reluctant to do so. Cases filed before PERM may not comply with PERM regulations, and changing an application to make it so would disqu

The Hs are Coming! 20,0000 Advanced Degree H-1Bs

On December 8, 2004 President Bush signed the Consolidated Appropriations Act of 2005 into law. The law included several changes to the H-1B category. Among other things, the law exempts from the H-1B visa cap 20,000 H-1B visas for foreign nationals with masters or higher-level degrees from U.S. universities.  Employers and foreign national workers have been greatly anticipating these additional visas as a relief to the taxed H-1B category. The law required the U.S. Citizenship and Immigration Services (USCIS) to start accepting applications for the additional 20,000 H-1B visas on March 8. The agency did not publish implementing regulations by that date, however. Now they are about to. An advance copy of the regulation has just been sent to the Federal Register, where it will be published May 5. Under the regulation, only graduates of U.S. master's or higher programs will be eligible to apply for the additional 20,000 H-1B visas. They can begin filing for the visas o

Update on Additional 20,000 H-1B Visas

On December 8, 2004 President Bush signed the Consolidated Appropriations Act of 2005 into law. This act authorizes funds for the federal government for another year. The law included several changes to the H-1B category. Among these changes, the bill exempts from the H-1B visa cap 20,000 H-1B visas for foreign nationals with masters or higher-level degrees from U.S. universities. This provision has been a point of confusion among concerned parties. In March the U.S. Citizenship and Immigration Services (USCIS) announced that contrary to the letter of the new law, the additional 20,000 H-1B visas would be available to all qualified H-1B applicants, not just foreign nationals with advanced degrees. In a recent interview the American Immigration Lawyers Association (AILA) conducted with a USCIS official, the official could not confirm that the USCIS would adhere to this announcement. The additional 20,000 H-1B visas were supposed to be available starting March 8, 2005. Al

Two TWM Immigration Success Stories

TWM lawyer Adam Schaye recently played a role in a complicated immigration and criminal court case. The results of this case will decide whether Bruce McDonald, a Jamaican foreign national, will be deported, despite having a spouse and four children, all U.S. citizens. Mr. McDonald initially pleaded guilty to charges of selling a small amount of marijuana and possessing cocaine, based on poor advice from his initial criminal defense lawyer. Because of the plea, Mr. McDonald was served deportation papers. Sometime later Mr. McDonald, represented by a new and better lawyer, took the case to the New York State Court of Appeals. The court held that while the advice of the initial lawyer indeed misled Mr. McDonald, Mr. McDonald would not necessarily have pleaded "not guilty" if given different advice. At this point Adam Schaye successfully convinced the trial court to give Mr. McDonald a new hearing to evaluate if he would actually have pleaded guilty if he knew that the

20,000 Additional H-1B Visas: Available or Not?

Last fall Congress passed legislation stating that an additional 20,000 H-1B visas would be exempt from the H-1B cap. Congress said the 20,000 temporary visas would be for people who have graduated with master's degrees or higher from U.S. universities.  Congress also told the U.S. Citizenship and Immigration Services (USCIS) to start issuing the extra H-1Bs beginning March 8.   It is now past March 8, but the USCIS hasn't started processing the extra cases yet.  It also says it will open up the 20,000 to all H-1B eligible candidates, not just those with master's degrees or higher. It is unclear why USCIS has decided to open these additional visas to all qualified applicants. A press release by the USCIS is on the front page of the agency’s web site at http://uscis.gov/. The USCIS warns that it will reject any H-1B petitions filed before the agency publishes implementing regulations.  After the application period begins, the USCIS will collect petitions fo

How to get your Eb1 green card quickly?

Eb1 green card https://www.youtube.com/playlist?list=PLwo5BSln98F4XVQC36dHF_ySVGuzU0A5T&disable_polymer=true https://twitter.com/usaattorneynyc/status/972744264953335809 https://www.youtube.com/playlist?list=PLwo5BSln98F5djuhU1L7XbpzbaNB-JFXD&disable_polymer=true http://eb-1-visa-green-card.blogspot.com/2018/03/eb-1-visa-lawyer-in-new-york-green-card.html https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1 http://eb-1-visa-green-card.blogspot.com/2018/03/eb-1-eb-2-self-sponsored-green-cards.html   What is the differences between O-1 visa and EB-1 Visa Extraordinary? Eb-1 visa vs O-1 visa de  Attorneys & Lawyers in USA 2:11 Más   How to file green card in under EB1A - You don't need a Phd to file! de  Attorney Shah Peerally 11:47 Más   EB1 - You don't have to be famous - usavisalaw.com de  American Visa Law Group USAVISALAW.COM

EB-3 Visa Worker Cut-off Extends to Skilled Workers

In its April 2005 visa bulletin, the Department of State (DOS) announced that the processing dates for the EB-3 "other workers" category have retrogressed to July 1, 2001. This means that only labor certifications or green card petitions started for "other workers" (i.e., unskilled workers) before July 1, 2001 are now being processed. This backslide comes after a more localized retrogression in the EB-3 green card category. In January 2005, the DOS announced a retrogression in the EB-3 professional and skilled workers category affecting only immigrants from China, India, and the Philippines. Before the retrogression the DOS processed EB-3 immigrant visas in a nearly current fashion. Some immigration professionals (including us) fear that increased pressure on immigrant visa categories will lead to a further retrogression of this green card category. To avoid potential delays, start your labor certification and green card applications as soon as possible.

GAO Probes Problems with EB-5 Immigrant Investor Category

Congress created the employment-based fifth preference (EB-5) immigrant investor green card category in 1990 for immigrants who invest in and manage U.S. companies that benefit the U.S. economy and create or save at least 10 full-time jobs for U.S. workers.  The normal amount required to invest is $1 million, although that amount is reduced to $500,000 if the investment is made in a high unemployment area or rural region. In 2003 Congress asked the Government Accountability Office (GAO) to study the EB-5 category for ways to improve the program. The GAO recently published its findings. The EB-5 visa category has been severely underused since its inception. According to the GAO report, despite making 10,000 EB-5 visas available each year, the USCIS has only issued a total 6,024 visas to immigrant investors and their families since 1992, or about 500 a year.  The GAO attributes the low issuance of these visas to several factors, including the torturous application proc

EB-1 Visa Lawyer in New York.. Green Card for workers of Extraordinary Ability

EB-1 Visa Lawyer.  Green Card for workers of Extraordinary Ability New Jersey #EB1Visa Attorney https://t.co/WHoN14Xmah — USA Attorney in NYC (@usaattorneynyc) 11 de marzo de 2018 https://mydlv.com/eb-1-visa-york-green-card-for-workers-of-extraordinary-ability/ https://www.youtube.com/playlist?list=PLwo5BSln98F5djuhU1L7XbpzbaNB-JFXD&disable_polymer=true Añadir vídeos   Immigration Lawer - Criminal and Deportation Immigration Attorney de  Criminal Immigration Attorney 1:11 Más   What is the Green card processing time for eb1 visa? - Visto Eb2 de  Attorneys & Lawyers in USA 2:13 Más   What is the differences between O-1 visa and EB-1 Visa Extraordinary? Eb-1 visa vs O-1 visa de  Attorneys & Lawyers in USA 2:11 Más   Part 1 - EB1 Green Card - Ian's EB1 Green Card Success Story de  breakthroughusa 3:18 Más   EB1-1 Visa de  Online Visas 5:48 Más   Anna&#