Visa Lawyer Blog

Articles Posted in Employment Based Petitions

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53598884922_4742d81a60_cLa semana pasada el mundo de inmigración vivió un evento sísmico. El Presidente anunció una acción ejecutiva histórica sobre inmigración que cambiará para siempre las vidas de los cónyuges indocumentados de ciudadanos estadounidenses y agilizará el proceso de visas de trabajo de no inmigrantes para los beneficiarios de DACA y otras personas indocumentadas.

En esta publicación, compartimos con ustedes todo lo que sabemos sobre cómo la orden ejecutiva beneficiará a los graduados universitarios estadounidenses que buscan visas de trabajo.

La acción ejecutiva del presidente Biden se anunció en el duodécimo aniversario del programa de Acción Diferida para los Llegados en la Infancia (DACA), promulgado por primera vez bajo la administración Obama. Además de brindar protección a las personas contra la deportación, la orden brinda alivio a potencialmente miles de beneficiarios de DACA y otros soñadores que han obtenido títulos académicos en los EE. UU. y están buscando oportunidades de empleo en campos relacionados con su curso de estudio.

Al hacerlo, el gobierno permitirá a los soñadores explorar opciones existentes de visas basadas en empleo, como las visas H-1B, TN, L, O, etc.

Detalles Claves

¿Qué hace la Orden Ejecutiva?

  • Visas de Trabajo: Los beneficiarios de DACA y otras personas indocumentadas pronto podrían solicitar exenciones aceleradas de inelegibilidad y recibir visas de trabajo temporales, otorgándoles estatus legal para vivir y trabajar en los Estados Unidos sin temor a la deportación.
  • Elegibilidad: Para ser elegible para visas de trabajo de no inmigrantes, las personas deben haber obtenido un título en una institución estadounidense de educación superior acreditada en los Estados Unidos y tener una oferta de empleo estadounidense en un campo relacionado con su curso de estudio.
  • Camino hacia la residencia: Existe la posibilidad de que estas visas de trabajo temporal creen un camino hacia la residencia permanente a través de opciones de patrocinio basadas en el empleo.

Importancia

Debido al polémico clima político, el Congreso de los Estados Unidos no ha logrado aprobar una reforma migratoria significativa que proporcione un camino legal para que los soñadores permanezcan en los Estados Unidos y contribuyan positivamente a la economía estadounidense, utilizando las habilidades y la educación que obtuvieron aquí en los Estados Unidos.

Por primera vez, el gobierno ordenará al Departamento de Estado (DOS) y al Departamento de Seguridad Nacional (DHS) que emitan una guía aclaratoria que haga posible que los beneficiarios de DACA y otras personas sin estatus legal soliciten exenciones aceleradas de inelegibilidad y visas de trabajo temporales.

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53598884922_4742d81a60_cLast week the world of immigration experienced a seismic event. The President announced a historic executive action on immigration that will forever change the lives of undocumented spouses of U.S. citizens and streamline the nonimmigrant work visa process for DACA recipients and other individuals. In this blog post, we share with you everything we know about how the executive order will benefit U.S. college graduates seeking work visas.

President Biden’s executive action was announced on the 12th anniversary of the Deferred Action for Childhood Arrivals (DACA) program, first enacted under the Obama administration. In addition to providing individuals protection from deportation, the order provides relief to potentially thousands of DACA recipients and other Dreamers who have earned academic degrees in the U.S. and are seeking employment opportunities in fields related to their course of study.

In doing so, the government will allow Dreamers to explore existing employment-based visa options such as H-1B, TN, L, O visas, etc.

Key Highlights

What the Executive Order does

  • Work Visas: DACA recipients and other undocumented individuals could soon apply for expedited waivers and receive temporary work visas, granting them legal status to live and work in the United States without fear of deportation
  • Eligibility: To be eligible for nonimmigrant work visas, individuals must have earned a degree at an accredited U.S. institution of higher education in the United States, and have an offer of employment from a U.S. employer in a field related to their course of study
  • Path to Residency: There is potential for these temporary work visas to create a path to permanent residency through employment-based sponsorship options.

Why This Matters

Due to the contentious political climate, the U.S. congress has failed to bring about meaningful immigration reform that provides a legal pathway for Dreamers to remain in the United States and positively contribute to the U.S. economy, utilizing the skills and education they gained here in the United States.

For the first time ever, the government will direct the State Department (DOS) and Department of Homeland Security (DHS) to issue clarifying guidance making it possible for DACA recipients and other individuals without legal status to apply for expedited waivers and temporary work visas.

How will this process work?

While complete details have not yet been released, the government will facilitate expedited review of waivers of visa ineligibility by clarifying that it is within a Consular officer’s discretion to grant a waiver for such individuals, making it easier for them to apply for work visas.

212(d)(3) Waivers and the Ten-Year Unlawful Presence Bar

Under current immigration law, DACA recipients and other undocumented immigrants face additional barriers to obtaining temporary work visas due to their unlawful presence. Under the law, anyone who has accrued unlawful presence for a year or more is subject to a ten-year bar that is triggered upon departing the United States. As a result, the ten-year bar prevents an individual from re-entering the United States for at least ten-years after their departure. This has been a long-standing problem for undocumented immigrants because the bar is triggered even when an individual leaves to obtain a visa at a U.S. Consulate or Embassy abroad.

To overcome the ten-year bar, work visa applicants are forced to obtain a discretionary waiver from the U.S. Customs and Border Protection’s Admissibility Review Office. This waiver is known as the INA 212(d)(3) waiver and is designed to excuse certain grounds of inadmissibility including unlawful presence. An approved waiver removes the bar and allows such individuals to apply for temporary work visas at U.S. Consulates and Embassies. Only once the U.S. work visa is issued, can the individual re-enter the United States in nonimmigrant visa status and work for their employer pursuant to the terms of the employment visa.

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july-5404922_1280We are pleased to inform our readers that today June 10th, the U.S. Department of State’s Bureau of Consular Affairs released the July Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories during the month of July.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that in July it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence.

For family-sponsored preference categories, USCIS will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence.

Highlights of the July 2024 Visa Bulletin

Employment-Based Categories

Final Action Dates

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will advance by eleven months to February 1, 2022
  • EB-1 China will advance by two months to November 1, 2022
  • EB-1 All other countries will remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by two months to June 15, 2012
  • EB-2 China will advance by one month to March 1, 2020
  • EB-2 All other countries will advance by two months to March 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by one month to September 22, 2012
  • EB-3 China will remain at September 1, 2020
  • EB-3 All other countries will retrogress by eleven months and three weeks to December 1, 2021

EB-3 Other Workers

  • EB-3 India will advance by one month to September 22, 2012
  • EB-3 China will remain at January 1, 2017
  • EB-3 Philippines will remain at May 1, 2020
  • EB-3 All other countries will advance by almost three months to January 1, 2021

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The U.S. Department of State’s Bureau of Consular Affairs has published the June Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories in the month of June.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) confirmed that in June it will use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence.

For family-sponsored preference categories, USCIS will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence.

Highlights of the June 2024 Visa Bulletin

Employment-Based Categories

The June Visa Bulletin shows no advancement in most employment-based categories.

  • The Dates for Filing chart in June remains unchanged from the previous months.
  • The Final Action Dates for EB-1, EB-2, and EB-5 remain unchanged.
  • Only EB-3 India will advance by one week.

Family-Sponsored Categories

For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of:

  • F2B Mexico will advance by 2 months to November 1, 2004
  • F3 Worldwide, China, and India will advance by 3 months to September 1, 2010
  • F4 Mexico will advance by 5 days to April 27, 2001

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New fraud prevention mechanisms applied to the H-1B program in fiscal year 2025 have led to a dramatic decrease in the number of eligible registrations for H-1B cap visas, plunging to almost 40% from the past year.

These fraud prevention mechanisms were introduced with the final rule “Improving the H-1B Registration Selection Process and Program Integrity,” which changed the H-1B selection process to center around unique beneficiaries, preventing employers from gaming the system and unfairly increasing their chances of selection.

Starting this fiscal year, each beneficiary could only be registered under one passport or travel document to prevent the submission of multiple registrations.

Recent USCIS data suggests that these new changes to the H-1B system were successful at combating fraud. The agency recently released its selection statistics for the fiscal year 2025 H-1B cap season.

The data shows a significant drop in the number of eligible registrations for fiscal year 2025 totaling 470,342—representing a 38.6% reduction when compared to the 758,994 eligible registrations received in fiscal year 2024.

Of these eligible registrations (470,342), USCIS selected 114,017 beneficiaries, resulting in a total of 120,603 selected registrations for fiscal year 2025.

The number of workers who were registered did not change significantly at 442,000 when compared with 446,000 last year.

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The long-awaited May 2024 Visa Bulletin has arrived! If you’d like to know all about the projected movement of the employment-based and family-sponsored categories in the month of May, we’ve got you covered.

Highlights of the May 2024 Visa Bulletin

Dates for Filing Chart

For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of the F2B category for Mexico which will advance by 1 month to September 1, 2004. Additionally, F3 Worldwide, China, and India will advance by 3 months to June 1, 2010. Finally, F4 India will advance by 2.2 months to June 15, 2006, F4 Mexico will advance by 1 week to April 22, 2001, and F4 Philippines will advance by over 1 month to June 1, 2005.

For the employment-based petitions, the Dates for Filing remain unchanged from the previous month.

Employment-based categories Final Action Chart

The Final Action Dates Chart shows no movement for all employment-based preference categories.

Family-sponsored categories

Movement in the Final Action Dates

On the other hand, the Final Action Dates Chart for the family-sponsored categories advanced in almost all categories as follows:

  • F1 Mexico will advance by 5.5 months to October 15, 2001
  • F1 Philippines will remain the same at March 1, 2012
  • F1 All other countries will advance by 4.9 months to July 8, 2015
  • F2A Mexico will advance by 2.8 months to November 8, 2020
  • F2A Philippines will advance by 8.7 months to June 1, 2021
  • F2A All other countries will advance by 8.7 months to June 1, 2021
  • F2B Mexico will advance by 4.3 months to March 1, 2004
  • F2B Philippines will remain at October 22, 2011
  • F2B All other countries will advance by 4.3 months to April 1, 2016
  • F3 Mexico will advance by 10.4 months to July 22, 1999
  • F3 Philippines will advance by 1.8 months to August 1, 2002
  • F3 All other countries will advance by 3 months to January 1, 2010
  • F4 Worldwide and China will advance by 1.4 months to July 22, 2007
  • F4 India will advance by 1 month to January 15, 2006
  • F4 Mexico will advance by 3.3 months to January 22, 2001
  • F4 Philippines will advance by 2.8 months to September 8, 2003

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In this blog post, we bring you an important announcement regarding the H-1B fiscal year (FY) 2025 cap season.

Today, April 1st the U.S. Citizenship and Immigration Services (USCIS) announced that it received sufficient electronic registrations during the initial registration period to meet the annual numerical limitations for the fiscal year (FY 2025), including for the advanced degree exemption (also known as the master’s cap).

Due to this, the agency has completed the H-1B visa lottery and selected unique beneficiaries at random from the properly submitted registrations to reach the H-1B cap.

As of today, April 1st  USCIS has notified all prospective petitioners of their selection via their myUSCIS organizational accounts. Please be aware that only selected beneficiaries are eligible to file an H-1B cap-subject petition with USCIS.

Congratulations to all those who were selected!

How will I know if I was selected in the lottery?

Petitioners with selected registrations will have their myUSCIS online organizational accounts updated to include a selection notice, which includes details of when and where to file. If you submitted your electronic registration with the assistance of an attorney, you should contact your legal representative to determine whether you were selected in the randomized lottery and your next steps.

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SSN Updates for New N-400 Applicants

If you have been thinking of applying for U.S. Citizenship, you may be pleased to learn that starting April 1st applicants will have the option of requesting an original or replacement Social Security number (SSN) or card and have the chance to update their immigration status with the Social Security Administration (SSA), without having to visit an SSA office in person.

This is all part of the new edition of Form N-400, Application for Naturalization (edition date 04/01/24) which will allow these requests to be made when submitting the application with the U.S. Citizenship and Immigration Services (USCIS).

Previously, green card holders were required to visit an SSA office in person to notify them of their new U.S. Citizenship status and apply for a replacement SSN card reflecting their new immigration status.

Unfortunately, this new update only applies to applicants filing the new edition of the N-400 application (04/01/24) on or after April 1st.  Those who applied using the previous edition of the form (09/17/19) cannot take advantage of this option.

When will the new edition of the N-400 be available for use?

The new edition of the Form N-400 (04/01/24) will be available for online filing on April 1.

To file Form N-400 online, applicants must first create a USCIS online account, a convenient and secure method to submit forms, pay fees, and track the status of any pending USCIS immigration request throughout the adjudication process.

H-1B FY 2025 Cap Season Updates: What to Expect

You may be aware that the electronic registration period for the FY 2025 H-1B cap season closed at noon Eastern on March 25, 2024.

Within the next few days, USCIS will conduct a lottery to randomly select within the pool of properly submitted registrations to reach the FY 2025 H-1B annual numerical allocations, including the advanced degree exemption (master’s cap). USCIS will notify the public once the lottery has been completed.

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We are reporting some breaking news for the H-1B FY 2025 cap season. This afternoon, the U.S. Citizenship and Immigration Services (USCIS) has announced that it will be extending the H-1B electronic registration period for the FY 2025 cap until noon eastern time, Monday, March 25, 2024.

Why the Change?

The H-1B FY 2025 electronic registration process which began on March 6th has been plagued by technical issues and system outages which has caused problems for registrants attempting to submit their registrations. Due to these issues, USCIS has decided to extend the electronic registration period to provide relief to those experiencing difficulties.

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april-3109706_1280

The Department of State has published the April 2024 Visa Bulletin, bringing significant advancements in the final action dates for most employment-based categories, and modest advancement for the family-sponsored categories when compared to the previous month.

Highlights of the April 2024 Visa Bulletin

Dates for Filing Chart

For the family-sponsored preference categories, the Dates for Filing Chart remains unchanged from the previous month, with the exception of the family sponsored fourth preference category (F4) for India which will advance by 1.5 months to April 8, 2006, and Philippines which will advance by 1 year to April 22, 2005.

Additionally, for employment-based petitions, the employment based first preference category (EB1A) India will advance by 3 months to April 1, 2021, and the employment-based third (EB3) preference category for India will advance by 1.5 months to September 15, 2012. Finally, the employment based fourth preference category (EB-4) will advance by 11 months to December 1, 2020.

All other preference categories remain unchanged from the previous month.

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