Employer-Based Immigration Law

EB-2 Green Cards: Bad News for India and China

Priority date retrogression confirmed for India and China EB-2 green cards for advanced degree professionals The Department of State (DOS) has just released its May Visa Bulletin and, as predicted, the EB-2 category for India and China will retrogress to August 15, 2007 as of May 1, 2012. Currently, the priority date for that category… Read more »


EB-2 Retrogression for China and India expected May or June, 2012

EB-2 applicants from China or India should move quickly to file their AOS Employment-based priority dates have been steadily moving forward on a consistent basis for the last few months. This steady movement of priority dates is expected to end on either May 1, 2012 or June 1, 2012. Charlie Oppenheim, Chief, Visa Control and… Read more »


Work Visas: RFE and Denial Rates Soaring

Soaring denial and RFE rates for L-1 and H-1B petitions are hurting U.S. business We knew it but no-one official was acknowledging it. Finally, a recent study from the National Foundation for American Policy  - a non-partisan public policy research organized based in Virginia, released data showing that USCIS has dramatically increased denials of L-1… Read more »


Retaining Highly Skilled Immigrants Gaining Policy Traction

On January 31, 2012, USCIS announced several DHS reforms to attract the best and the brightest in furtherance of President Obama’s commitment “to make the U.S. more attractive to highly skilled foreign students and workers, thereby improving the competitiveness of U.S. companies int he world market and stimulating job creations.” Expand eligibility for 17-month extension… Read more »


Switching from H-1B to F-1 visa status

We recently were informed of a young soon-to-be graduate student who quit her H-1B job in June while waiting for her change of status application to be approved for a start date in graduate school in September of that year. USCIS issued her a Request for Evidence asking for her most recent paycheck stubs. Current… Read more »


Print Ads for Classroom Teachers – Revisited

MOST RECENT UPDATE FROM DOL ON USE OF ELECTRONIC OR WEB-BASED JOURNAL AD INSTEAD OF PRINT AD FOR CLASSROOM TEACHERS AT COLLEGES AND UNIVERSITIES: In our Blog Posting from September 02, 2011, we discussed the change in print ad requirements for classroom teachers – print ads no longer needed.  On September 28, 2011, the Department… Read more »


H-1B specialty occupations: Expect an RFE

H-1B specialty occupations for small business – expect a Request for Evidence (RFE) In its arsenal of tools aimed at keeping out foreign workers, USCIS is now pushing back on H-1B petitions filed for small business claiming that the position is not for a specialty occupation which requires a specialized program of academic study because… Read more »


PERM and University Recruitment: Print Ad Not Required

Print ad no longer required for university recruitment under special handling PERM certification for university or college teachers. Up until now the Department of Labor (DOL) has refused to keep up with the real world by continuing to require that the centerpiece of university recruitment under the special handling PERM procedures for college or university… Read more »


Stop the Reverse Brain Drain!

Last night we had a visit from a young man from India about to begin his PhD in theoretical computer science at a top U.S. university. He told us that he loves math. He had graduated top of his class at the Indian equivalent to our MIT. He also told us that his first three… Read more »


Caveat Employer: DUNS number required for visa petitions

Caveat Employer: Did you know you now need a Dun & Bradstreet number?  That is what USCIS is requiring. As an employer filing for a foreign worker you may have received a Request for Evidence (RFE)  based upon USCIS’s new fraud detection tool, the web-based Validation Instrument for Business Enterprises, or VIBE. Currently USCIS is… Read more »