On December 27, 2016 in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) the USCIS Administrative Appeals Office (AAO) handed down a groundbreaking decision which has changed the analytical framework for determining eligibility of national interest waivers. This new decision will affect foreign nationals who are pursuing a green…
Articles Posted in Highly Skilled Workers
Happy Holidays from the Law Offices of Jacob J. Sapochnick
For years you have put your trust in our office for all of your immigration needs and for that we thank you. We consider ourselves very fortunate to be able to serve you and your families. Throughout the years, we have helped thousands of immigrants from all over the world…
DOS Publishes FY 2017 Annual Numerical Limits for Family and Employment-Based Preference Categories
On December 12, 2016, the Department of State published the Annual Numerical Limits for both family and employment-based visa preference categories for Fiscal Year 2017. Family preference and employment immigrant categories are subject to numerical limitations and are divided by preference systems on the Visa Bulletin and become current based…
Final Rule Benefitting EB-1, EB-2, and EB-2 Immigrant Workers and Certain Highly Skilled Nonimmigrant Workers with an I-140
The Department of Homeland Security is expected to publish a final rule tomorrow November 18, 2016 benefitting EB-1, EB-2, and EB-3 employment-based immigrant workers and highly-skilled nonimmigrant foreign workers. The final rule is effective January 17, 2017. The final rule will streamline the process for employment based sponsorship of nonimmigrant…
The October Visa Bulletin and Final Action Date Chart
On September 21, 2016 the United States Citizenship and Immigration Services (USCIS) posted the adjustment of status filing dates for October 2016. If you are waiting to apply for permanent residence based on an approved family-sponsored petition (I-130) or based on an approved employment-based petition (I-140), USCIS has advised that…
October Visa Bulletin: What to Expect and Visa Projections with Charles Oppenheim
In this segment, we would like to keep our readers informed on Visa Bulletin projections for the month of October. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends…
9 Paths to the Green Card
One of the biggest critiques of the U.S. immigration system is that there are very few options available to foreign nationals that create a direct path to permanent residency. Indeed, this is a very cruel reality for our clients. A reality that we struggle to overcome on a day to…
Entrepreneur Immigration: Is the E-2 visa or L-1 visa right for you?
If you are a foreign entrepreneur, you have probably discovered that the United States immigration system is very limited in that there are very few visa options available to entrepreneurs that do not tie down the entrepreneur to a foreign employer, as is the case for the L and H…
Immigrant Entrepreneurship on the rise despite Immigration Reform
A recent working paper published by Harvard economist, William R. Kerr, and Wellesley economist, Sari Pekkala Kerr, is making waves on the subject of immigrant entrepreneurship. The study asks: just how important are foreign-born entrepreneurs to our economy? Are their contributions truly significant? The study’s abstract reads as follows: We…
Factors to consider before filing the adjustment of status application for spouses of U.S. Citizens
Before filing your green card application, it is important for you to carefully consider several important factors that may limit your ability to obtain employment in the United States and restrict your international travel. If you will be filing your green card application in the near future, you need to…