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.

Comentarios

Publicar un comentario

Entradas populares

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 ...

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 Gr...

EB2 NIW | National Interest Waiver Processing Time and Application

EB2 NIW | National Interest Waiver Processing Time and Application s   What is the Green card processing time for eb1 visa? - Visto Eb2 de  Attorneys & Lawyers in USA 2:13 Más   EB-2 NIW: New Rules for Winning the National Interest Waiver de  Arthur Serratelli 14:36 Más   National Interest Waivers (NIW): Is the EB-2 for you? de  David Nachman 11:24 Más   The New National Interest Waiver (EB-2c NIW) Green Card Petition Standard de  JQK Immigration Law Firm 6:18 Más   San Diego Immigration Lawyer: New NIW EB2 Green Card Standard (Matter of Dhanasar) de  Law Offices of Jacob J. Sapochnick 7:11 Más   The Process of EB-1 and EB-2 NIW de  Cipolla Law Group 9:11 Más   EB2 Green Card National Interest Waiver | The Matter of Dhanasar | Green Card for Entrepreneurs de  ImmigrationBiz 6:26 Más   Ex...

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...

Eb1 requirement

Eb1 requirement https://www.youtube.com/playlist?list=PLwo5BSln98F687VNCiG74CcOvYS7nKfWa&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 https://www.youtube.com/playlist?list=PLwo5BSln98F4XVQC36dHF_ySVGuzU0A5T&disable_polymer=true   How can I qualify for the EB1 "Extraordinary Ability" visa? de  Saleh & Associates, P.A. 1:10 Más   EB1 Processing Time for 2017 de  Law Offices of Shilpa Malik 2:04 Más   Upgrading to EB1C | You don't have to be on an L1A to fi...

The DOL Responds to Concerns About PERM Rejections

Since PERM's inception on March 28, 2005, hundreds of potential U.S. workers have filed PERM applications. So far most applicants have received denials because of the rigorous automatic screening employed in PERM processing. PERM is an electronic process for filing and processing labor certification applications for permanent employment-based immigration. The PERM regulations are intended to help streamline the permanent labor certification system and thus combat the current labor certification backlog Many immigration professionals have complained to the DOL about these early PERM denials because they seem to be based on technical rather than substantive grounds. The American Immigration Lawyers Association (AILA) recently interviewed the DOL about these concerns. During the interview the DOL conceded that the PERM system can be unforgiving of minor mistakes. Among these mistakes are: using the wrong set of prevailing wages; applying for PERM before a state workforce...

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...

EB1 - You don't have to be famous

EB1 - You don't have to be famous   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 http://eb-1-visa-green-card.blogspot.com/2018/03/eb-1-eb-2-self-sponsored-green-cards.html

EB-1 & EB-2: Self-Sponsored Green Cards

EB-1 & EB-2: Self-Sponsored Green Cards   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