ALERT: October 2015 Visa Bulletin Allows Certain EB2/EB3 Category Holders to File for Adjustment of Status.

Sep 09, 2015

Please note that the new October Visa Bulletin now features two charts for employment-based visa categories.  If a potential applicant is “current” under the 2nd chart, they will be eligible to file for adjustment of status (with accompanying EAD and Advance Parole applications).  These applicants, however, will still be subject to the processing timelines established by the 1st chart on the visa bulletin – meaning their applications will not be adjudicated until… Read More

Federal Court Decision Puts F-1 Work Authorization in Jeopardy Unless DHS Works Fast!!!

Aug 14, 2015

On August 13, 2015, The US District Court for the District of Columbia dramatically curtailed immigration benefits that F-1 students have been relying on since 2008. In Washington Alliance of Technology Workers vs. US Department of Homeland Security, the District Court invalidated USCIS’s 2008 17-month Optional Practical Training (OPT) extension rule. The 2008 rule had 3 main benefits: (1) the rule allowed F-1 students with degrees in certain science, technology, engineering or math (STEM…

Newsflash!!! USCIS issues guidance and clarifies timelines for amendment filings under Matter of Simeio.

Jul 22, 2015

On July 21, 2015, USCIS issued additional guidance changing certain aspects of the Simeio decision clarifying the timelines for such amendments and extending the safe harbor provision until January 15, 2016. The key points are as follows: An Employer is no longer required to file an amendment petition, if the H-1B employee changed work location prior April 9, 2015. It is important to note that the employer is exempt from the filing requirement if a certified LCA was in place prior to the… Read More


Jun 19, 2015

When U.S. Citizenship and Immigration Services (USCIS) needs additional information or documentation in order to make a decision on an H-1B petition, it will issue a Request for Evidence (RFE). As USCIS continues to apply increasing levels of security on H-1B petitions, RFEs are becoming more and more common. While an RFE can touch on any aspect of the petition, three of the most common issues brought up in RFEs are beneficiary qualifications, whether or not the offered positon is truly a &ldquo…


Jun 18, 2015

A major computer glitch has crashed the Department of State’s global visa processing system. Therefore, embassies and consulates worldwide are experiencing significant delays in issuing immigrant and non-immigrant visas. The Department of State is working around the clock to resolve this problem. However, they do not expect the system to be online by next week. Therefore, individuals who are applying for visas (i.e. stamping) will experience delays of up to four to five weeks. Currently… Read More