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‘Dreamers’ and Farmworker Bills Pass House; Fate in Senate Uncertain
On March 18, 2021, two bills that would create a legalization pathway for “Dreamers” and for farmworkers (H-2A temporary agricultural workers) received bipartisan support and passed in the House of Representatives. Passage in the Senate is uncertain, however. According to observers, prospects for both bills in their current form seem dim. Some believe that the […]
March Visa Bulletin Shows Big Leap Forward for Chinese and Indian EB-1s
The Department of State’s Visa Bulletin for March 2021 shows a seven-month leap forward for Chinese and Indian green card applicants in the employment-based first preference category, with a final action date of August 1, 2020, for both countries. In February, immigrant visas were available for those with priority dates earlier than January 1, 2020. […]
March Visa Bulletin: China and India Advance Across EB-1, 2, & 3 Categories
Following the release of the latest visa bulletin by the U.S. Department of State, March has shaped up as a favorable month for filing an adjustment of status. All countries are current across EB-1, EB-2, and EB-3 categories except for China and India who advance moderately, opening the door wide for AOS filings. Employment-Based Adjustments USCIS will accept […]
DOL Proposes to Delay Effective Date of H-1B/PERM Wage Rule Until May
The Department of Labor’s Employment and Training Administration has proposed to delay the effective date of a Trump administration rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The implementation of the rule published in January will now be delayed until May 14, 2021. The notice states […]
Department of State’s February Visa Bulletin Announces Green Card Projections for the Coming Months
The Department of State’s Visa Bulletin for February 2021 included the following information on final action date projections (potential monthly movement) for employment-based green card categories through May. The bulletin notes that determination of the actual monthly final action dates is subject to fluctuations in applicant demand and other variables affecting processing: Employment First: Worldwide: […]
Office of Foreign Labor Certification To Reissue Certain Prevailing Wage Determinations
On January 20, 2021, a U.S. district court issued a modified order governing the manner and schedule in which the Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) will reissue certain prevailing wage determinations (PWDs) that were issued from October 8, 2020, through December 4, 2020, under the wage methodology for a related […]
WR Immigration Litigation Success Story – Successfully Challenging the USCIS Denial of an Extraordinary Ability Immigrant Visa in Federal District Court
The Situation Imagine a foreign national who established a software development company which won numerous national and international technology and business awards and then received multimillion-dollar investments to expand the company’s capabilities. Imagine the same individual served in a leading role for a global leader in enterprise data management that was sold for over a […]
USCIS to Replace Sticker That Extends Validity of Green Cards
Briefing: Starting in January, applicants who file Form I-90 to replace an expiring green card will receive a revised receipt notice, which together with an applicant’s PRC, will serve as temporary evidence of lawful permanent resident status for 12 months from the expiration date on the face of the green card. Applicants will receive the revised […]
DOL announces new rule that will raise prevailing wage levels in July
Briefing: The U.S. Department of Labor has announced a new rule that will raise prevailing wages at all levels in a phased period beginning July 2021. The rule would take full effect for some employees a year later, and full implementation for visa holders extending their statuses to wait for an available green card would […]
President Trump Extends Presidential Proclamation 10052 Impacting Immigrant and Non-immigrants
Overview On June 22, 2020, Presidential Proclamation 10052 entitled “Suspension of entry of Immigrants and Nonimmigrants Who Present a Risk to the United States labor Market During Economic Recovery Following the 2019 Coronavirus Outbreak” was issued to suspend new nonimmigrant visas, purportedly in response to the COVID-19 pandemic. The impacted visa categories are: (1) intra-company transfers to non-citizens already […]
January Visa Bulletin Report
Employment-Based Adjustments USCIS will accept employment-based adjustment applications in December from foreign nationals with a priority date that is earlier than the Final Action Dates (Chart A) listed in the State Department’s January Visa Bulletin. Therefore those seeking to file under the Dates for Filing (Chart B), have only until December 31, 2020 to have their case receipted. USCIS lockbox […]
