Government: “Recall Message” on October Visa Bulletin Gifts

The Department of State posted on July 25 a revised Visa Bulletin for October with “Dates for Filing Application” that cut out many thousands of people in 5 different employment based categories from India and the Philippines.  For Baker Donelson’s article on the initial announcement, click here.

Please note that the following “Dates for Filing” have changed:

Category (9/9/15)
Filing Date
NEW (9/25/15)
Filing Date
EB-2 China 5/1/2014 1/1/2013 1 year, 5 months
EB-2 India 7/1/2011 7/1/2009 2 years
EB-3 Philippines 1/1/2015 1/1/2010 5 years
FB-1 Mexico 7/1/1995 4/1/1995 3 months
FB-3 Mexico 10/1/1996 5/1/1995 1 year, 5 months

Therefore, individuals who fall under the above-referenced categories will only be permitted to file for adjustment of status in the month of October if they have a priority date that is earlier than the NEW Filing Date listed in the revised September 25, 2015 Visa Bulletin. Continue reading

Visa Bulletin 2.0 and its Implications for Early Filing for Adjustment of Status

On September 9, 2015, the U.S. Government pleasantly surprised the immigration world by publishing a new type of monthly Visa Bulletin for October 2015 with USCIS announcement about a new approach to the timing of the ability to take the last steps toward permanent residence.  Bottom line: People otherwise eligible and present in the U.S. can file for “adjustment of status” and get interim work and travel documents significantly earlier than when their place in the queue for limited visa numbers is set for green card approval. Maybe USCIS will shed more light at the September 16 stakeholder meeting USCIS has established (click the link to register). Continue reading

USCIS Seeks Feedback on Proposed Parole Program for Entrepreneurs

USCIS is requesting feedback on a potential “significant public benefit” parole program for entrepreneurs, which would allow DHS to extend parole, on a case-by-case basis, to eligible founders of startup enterprises who may not yet qualify for a national interest waiver, but who have been awarded substantial U.S. investor financing, or who may otherwise innovate or create jobs through the development of new technologies or the pursuit of cutting-edge research. Comments are due by July 10, 2015.

U.S. Visa Systems Down Globally – DOS Continues to Work on a Fix – Expect Delays!

The following bulletin was published by the Department of State (which oversees all consulates/embassies), advising of a global glitch that has stopped all U.S. visa issuance worldwide. The issue has not resolved since the alert was first released one week ago. The latest report from Department of State (DOS) officials is that while they are working hard to resolve this, they have no timeframe for a solution, and the solution may not happen for at least another week. Continue reading

Changed locations require New H-1B Petition, Not Just LCA

The Attorney General has designated as “precedent” a decision of the USCIS Administrative Appeals Office (AAO) ruling that the change of a job’s location outside the area covered by the original approved labor condition applications (LCAs) requires the filing a new H-1B petition to USCIS before it can take effect, so filing only a new LCA is not good enough. Continue reading

Some H4 Spouses of H-1Bs Can Apply for Work Cards Beginning May 26, 2015

On Tuesday, February 24, the United States Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, USCIS will begin accepting applications for work authorization of H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 immigrant petition, and those approved for H-1B status beyond the normal six-year maximum under the “AC21” law. Continue reading

Obama Legalizes Undocumented, Tweaks EB Categories

On November 20, 2014, President Obama announced a bold series of measures to change removal priorities, temporarily legalize and grant work authorization to millions of undocumented persons, and make some other changes to employment-related immigration processes. The changes, summarized at, were implemented primarily through a set of memos from the Secretary of Homeland Security and include the following: Continue reading

This year’s “Diversity Visa Lottery” Opens Next Week

The Department of State has announced the rules and process to register for this year’s “Diversity Visa” program, which is literally a lottery for 50,000 green cards. Anyone can register UNLESS the registrant AND spouse were born in one of the following countries: Bangladesh, Brazil, Canada, China (mainland-born, i.e., NOT including Hong Kong SAR, Macau SAR, and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Continue reading