Immigration Blog

July 2015 Visa Bulletin Update

By |June 25, 2015|

The United States Citizenship and Immigration Services (USCIS) receives thousands of family- and employment-based green card applications every year, which creates a backlog. As a result, the U.S. Department of State issues the monthly Visa Bulletin, allowing applicants to learn when their petition will be processed.

Smart Ways to Build Credit With Your New DACA Status

By |June 19, 2015|

With Deferred Action for Childhood Arrivals (DACA) you can apply for a social security number and start building credit. A good credit score informs financial lenders of your trustworthiness so you can apply for student loans, a car note, and a home mortgage! However, with your new social security number comes a great deal of responsibility because while having no credit isn’t ideal, having bad credit is even worse. As a result, you must build credit smartly so you can manage it and have financial stability for the future.

VISANOW Celebrates Immigrant Heritage Month

By |June 17, 2015|

June is Immigrant Heritage Month and VISANOW is joining the nationwide celebration. The holiday was founded last year by nonprofits Welcome.us and FWD.us, which are dedicated to promoting immigration and tech communities in the U.S., respectively.

Why You Should Join a Community Immigration Group

By |June 4, 2015|

If you qualify for Deferred Action for Childhood Arrivals (DACA) or Deferred Action for Parental Accountability (DAPA) you may be wondering what to do until the deferred action injunction is lifted.

The short answer? Stay busy by joining a community-based organization. These grassroot groups work hard each day to provide educational, career advancement and other resources to people in need. Immigration groups, in particular, are great to join because you no doubt have a shared goal—immigration reform!

How to find immigration groups:

Get active on Twitter
The Latino community is very active on social media outlets, including Twitter. Search popular immigration-based hashtags, like #DACA, #DAPA, #DACAmented, and #ImmigrationReform to read the latest buzz on deferred action. Then check out what organizations are using these hashtags and follow them to get a daily feed of their posts or message them directly to learn more.

Search national organizations
National groups, such as United We Dream, tend to have local affiliate locations. Become a member and they can keep you updated on local legislation, such as tuition benefits for DREAMers and changes in driver license eligibility.

Ask a friend
Chances are your friends have ties to community-based organizations. Ask them which groups they belong to and what are the benefits of joining. Then you’ll have some insight into the organization before you participate in their events.

Bonus tip: Spread the word
The Internet has tons of resources for DACA and DAPA qualifiers. When you find something useful, share the wealth by passing it on to others in your network. Who knows, you may come across someone who hasn’t read the deferred action eligibility requirements yet.

Want more information on DACA and DAPA? Check out our deferred action infographics below.

USCIS Revises Filing Requirements for H-1B Holder Worksite Changes

By |June 3, 2015|

Recently, USCIS changed the required filing process for when an H-1B employee changes work locations outside the area of intended employment. If any of your employees have changed work locations since the most recent H-1B filing, you may need to file an amended petition.

Here’s what you need to know:

  • This new policy change is retroactive, which means if any of your H-1B employees have changed work locations since the most recent H-1B filing, an amended H-1B petition MUST be filed. Failure to do so can result in penalties, such as fines and debarment from the H-1B program.
  • All amended petitions MUST be filed before August 19, 2015.
  • If there is an upcoming work location change for an employee, which is outside the area of intended employment, the move CAN NOT take place until the amended I-129 petition is filed. Employers can no longer just file an updated Labor Condition Application (LCA).

Here are your next steps:

  • Review any H-1B employees who have made work location changes since their most recent H-1B filing.
  • Request copies of the employee’s most recent H-1B petition.
    • If VISANOW filed the most recent petition, contact customer support to request a copy of the petition.
    • If VISANOW did not file the most recent petition, contact the attorney who did.
  • Audit the petitions and determine if the employee’s work location change is outside the area of intended employment. This is generally an area of normal commuting distance.
    • VISANOW recommends that you perform this audit because more often than not, work location changes are not communicated to us, making it difficult for us to determine which petitions need to be amended.
  • For any work location changes that are outside the area of intended employment, an emended I-129 petition must be filed before August 19, 2015.

If you have employees who’ve made work location changes since the last H-1B filing, request a copy of the petition by emailing customer support at [email protected].

To begin work on an amended H-1B petition, please contact your client manager directly or call (855) 960-5403.

Deferred Action Injunction Update: Expanded DACA & DAPA Still on Hold

By |May 29, 2015|

On May 26, the 5th Circuit Court of Appeals ruled against the Department of Justice’s (DOJ) request to stay (remove) the injunction on expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA).

In other words, expanded DACA and DAPA are still on hold.

What comes next?
The Obama administration’s appeal of the preliminary injunction, which is different than the request to stay, is still in effect and a hearing on the matter is tentatively scheduled for July 6.

If the court decides to lift the injunction, USCIS can begin accepting applications for both expanded DACA and DAPA soon afterwards. However, if the 5th Circuit Court decides not to remove the injunction, the DOJ can appeal to the Supreme Court.

Either way, the deferred action lawsuit continues.

What you can do!
Stay updated on the latest deferred action injunction news by subscribing to our blog.

If you have any questions, feel free to give us a call at 855-960-5468 or send us a message.

Select H-4 Dependent Spouses Now Eligible for Work Authorization

By |May 26, 2015|

Calling all H-1B and H-4 holders! The U.S. Citizenship and Immigration Services recently announced that select H-4 dependents are now eligible to apply for work authorization. Beginning May 26, some H-4 holders can start filing their applications and be on their way to obtaining employment authorization.

Who Qualifies?
H-4 dependent spouses of H-1B nonimmigrants can file for this special work authorization if the H-1B holder has an approved I-140 Immigrant Petition for Alien Worker or has pending PERM/labor certification application that has been pending for at least 365 days and has extended the H-1B status past the six-year limit. If you want more information, check out our Extended Employment Eligibility for Some H-4 Dependent Spouses infographic.

H-4 work authorization application tips
Once you determine your eligibility, you’re ready to begin the application process. To help you start, here are three work authorization application tips:

  1. Start early: May 26 is just around the corner, and if you want to beat the rush of other H-4 holders applying for work authorization, it’s best to get started now.
  2. Move quickly: We understand that getting the opportunity to bring in a second income is life-changing. Gather your supporting documents quickly, so you can apply on May 26, and get your employment authorization document (EAD) in the mail as soon as possible.
  3. Save for filing fees: USCIS’s fee for work authorization is $380. They won’t process your application until that’s paid, so be prepared.

Next Steps
If you’re ready to prepare your H-4 work authorization application, get started here.

If you have questions you can visit USCIS’s Frequently Asked Questions page or contact a VISANOW immigration specialist.

June 2015 Visa Bulletin Update

By |May 22, 2015|

The United States Citizenship and Immigration Services (USCIS) receives thousands of green card applications every year, which creates a significant backlog. In result, the U.S. Department of State issues the monthly Visa Bulletin, providing updated priority dates and application quota numbers.

Each date indicates how long the current backlog is, as well as the expected processing time.

June 2015: Family-Based Green Card Visa Bulletin

Jun2015Family

Source: USCIS

 

Month-to-Month Changes
Overall, there wasn’t much movement for family-based green cards since May. Most categories advanced two weeks to a month, however, some stood the same. The biggest update: F-1 green card petitions from the Philippines regressed five years to March 1, 2000.

Trends
The eight-month trend for family-based green cards shows consistent advancement for most categories. While there is multiple-month movement, the priority dates haven’t jumped more than six months in most cases.

Family-based green card categories:

  • F1: Unmarried sons and daughters of U.S. citizens
  • F2A: Spouses and children of legal permanent residents (LPRs)
  • F2B: Unmarried adult children of LPRs
  • F3: Married sons and daughters of U.S. citizens
  • F4: Brothers and sisters of adult U.S. citizens

June 2015: Employment-Based Green Card Visa Bulletin

Jun2015Employment

Source: USCIS

Month-to-Month Changes

  • EB-2 China green cards advanced one year
  • EB-3 and other worker green cards from the Philippines regressed two years
  • EB-3 and other worker green cards from China advanced a few months

Trends

  • EB-2’s China green cards have consistency advanced one year in the last few months with a 4-year advancement in the last eight months. If this green card category applies to you, keep an eye on your priority date because it could continue advancing in the future.
  • For most countries EB-3 and other worker priority dates advanced two years in the last few months with a four-year advancement in the last eight-month period.
  • In the last eight months Mexico’s EB-3 and other worker priority dates have advanced four years and are near current.
  • EB-2, EB-3 and other worker green cards for Indian citizens have advanced by a few months in the last eight-month period.

Employment-based green card categories:

  • EB-1: Priority workers with extraordinary abilities, outstanding professors or researchers, and executives or managers who’ve transferred to the U.S.
  • EB-2: Individuals with advanced degrees, exceptional abilities, or those holding national interest waivers
  • EB-3: Skilled workers, professionals, and others who don’t qualify for EB-1 or EB-2
  • EB-4: Religious workers, broadcasters, Iraq/Afghan translators, Iraqis who have assisted the U.S., physicians, Armed Forces members, Panama Canal Zone employees, Retired NATO-6 employees, spouses and children of deceased NATO-6 employees
  • EB-5: Investors who are investing in a new commercial enterprise

Subscribe to our Immigration Blog for an update on next month’s Visa Bulletin. If you need assistance filing a family- or employment-based green card, contact VISANOW.

H-1B Lottery Season Nears End as USCIS Completes Data Entry

By |May 14, 2015|

Did you know that 66% of filed H-1B lottery applications won’t be considered for processing this year? That’s because the United States Citizenship and Immigration Services (USCIS) received more than 233,000 H-1B petitions for FY 2016, which is a staggering two-thirds more than the 85,000 limit.

Why is there a limit?
There are many skilled workers from around the world that would like to join the U.S. labor market. To manage immigration levels, the USCIS limits the amount of new H-1B applications each year.

What happens next?
If you submitted any H-1B cap cases, here are a few things you may want to know:

  • Between now and mid-June, you should be informed about the status of your H-1B petitions.
  • If your H-1B petition is accepted for processing, the USCIS will send out a receipt notice.
  • If your petition wasn’t selected, it will be returned to the attorney or legal representative who filed it.

We’ve created The H-1B Alternatives Guide to help you learn what other visa categories for which your employee may qualify. It includes information on the:

  • TN visa
  • E-2 visa
  • E-3 visa
  • L-1 visa
  • H-1B1 visa
  • F-1 OPT STEM Extension

Want to know more about these visa categories? Download The H-1B Alternatives Guide and improve your odds of landing the best talent.

May 2015 Visa Bulletin Update

By |May 8, 2015|

The United States Citizenship and Immigration Services (USCIS) receives a massive volume of green card applications every year, creating a significant backlog. As a result, the U.S. Department of State issues the monthly Visa Bulletin, which provides updates regarding priority date timelines and application quota numbers.

Each date indicates how long the current backlog is, as well as the expected processing time.

For example: If the date is 01SEP07, it means the USCIS is processing applications that were filed on September 1, 2007. If the foreign national’s priority date is prior to the cutoff date, it is possible to move forward with an adjustment of status (I-485) application.

May 2015: Family-Based Green Card Visa Bulletin

familymaybulletin

Source: U.S. Department of State

The visa bulletin advanced for each family-based green card category, except for F1 applications from the Philippines. Most visa bulletin dates progressed two weeks to a month.

Family-based green card categories:

  • F1: Unmarried sons and daughters of U.S. citizens
  • F2A: Spouses and children of legal permanent residents (LPRs)
  • F2B: Unmarried adult children of LPRs
  • F3: Married sons and daughters of U.S. citizens
  • F4: Brothers and sisters of adult U.S. citizens

May 2015: Employment-Based Green Card Visa Bulletin

For employment-based green cards, the listed date corresponds to the PERM application filing date. If you’ve filed before that date, your priority date is current and you’re eligible to file your I-485 adjustment of status application. “C” indicates applications are “current” and there is no backlog.

employmentmaybulletin

Source: U.S. Department of State

Similarly to April’s Visa Bulletin, the EB-1 and EB-4 green card categories are current. EB-2’s China and India backlogs moved up two months or more. For some areas, EB-3 green cards have progressed three months.

Employment-based green card categories:

  • EB-1: Priority workers with extraordinary abilities, outstanding professors or researchers, and executives or managers who’ve transferred to the U.S.
  • EB-2: Individuals with advance degrees, exceptional abilities, or those holding national interest waivers
  • EB-3: Skilled workers, professionals, and others who don’t qualify for EB-1 or EB-2
  • EB-4: Religious workers, broadcasters, Iraq/Afghan translators, Iraqis who have assisted the U.S., physicians, Armed Forces members, Panama Canal Zone employees, Retired NATO-6 employees, spouses and children of deceased NATO-6 employees
  • EB-5: Investors who are investing in a new commercial enterprise

Subscribe to our Immigration Blog for an update on next month’s Visa Bulletin. If you need assistance filing a family- or employment-based green card, contact VISANOW.

 

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