Immigration Updates

June 2015 Visa Bulletin: The Good, The Bad, and The Ugly

The June 2015 Visa Bulletin contains a bit of good news for persons in certain employment-based (EB) categories. However, for others, like Chinese investors, the news is mostly bad. For Filipino professionals and Mexicans and Filipinos in some of the family-based (FB) categories, the news is downright ugly.   “Very professional law firm. We had a difficult […]

EADs for H-4 Spouses

On May 26, the USCIS will begin accepting applications for form I-765 Employment Authorization Documents (EADs) submitted by certain H-4 spouses of H-1B professionals. What follows is a list of answers to 10 of the most frequently asked questions about this new policy:   1. Which H-4 spouses are eligible for EADs? H-4 spouses of […]

H-1B Cap: Congress Needs to Do Its Job

During the first week of April, the USCIS received 233,000 H-1B petitions from companies in the US seeking to employ foreign-born professional workers. This exceeds the number of H-1B petitions received last year by over 60,000. Under current law, only 85,000 of these petitions can be approved, about 36%.   Most of the other 64% […]

H-1B Lottery Odds are Less than 50% Apply for an EB Green Card Now!

In 2014, when over 172,000 petitions were filed for 85,000 visas, immigration lawyers had the following advice for the H-1B lottery losers: Look for a cap-exempt H-1B employer; Get a TN or an E-3 visa if you are eligible; Extend your OPT if you are a STEM graduate; Go to graduate school on an F-1 […]

I-Squared Bill: More H-1B Visas & Green Cards

On January 13, a bipartisan group of Senators introduced the Immigration Innovation (“I-Squared”) Act of 2015. The Act would create a much-needed overhaul of our broken legal immigration system. It would dramatically raise the H-1B cap, and would provide much-needed reforms of the employment-based preference system for green cards. It would also raise the per-country […]

EB-3 Category: Great News in February Visa Bulletin!

Fantastic news for those in the EB-3 category in the February 2015 Visa Bulletin! Two years ago, the wait for those in the EB-3 category was almost 6 years to get a green card, even more for persons born in the Philippines (as well as China and India, which is a problem yet to be […]

Will the H-1B Cap Be Raised this Year?

A bipartisan group of Senators lead by Orrin Hatch (R-UT) is trying to pass a bill which would raise the H-1B cap from 85,000 to 135,000. The I-Squared bill would do this by raising the general cap from 65,000 to 115,000 while leaving the master’s cap at 20,000. Does this bill stand a chance to […]

Obama’s New Immigration Policy

On November 20, 2014, President Obama announced his long-awaited changes to our broken immigration system. None of the changes will take place immediately, and some hoped-for changes like recapture of lost EB numbers and counting only principals toward the 140,000 EB cap were not included in the new policy. Nevertheless, for 4-5 million persons, most […]

Supreme Court and Consular Non-Reviewability: Kerry v. Din

When our Founding Fathers wrote the Constitution and the Bill of Rights and established the doctrine of separation of powers, they did not carve out an exception for consular non-reviewability. This came about much later as a result of ignominious laws and rulings which excluded Chinese immigrants from the United States. Today, if I, a US […]

Employers: Form I-9 On-Demand Webinar

The DHS has recorded a series of 14 short videos which explain to employers the basics of completing and storing I-9 forms. The videos also instruct employers how to comply with antidiscrimination laws in the I-9 process. Having conducted over 100 I-9 seminars for employers since 1986, and creating I-9 videos, it always distresses me […]