Visa Lawyer Blog

Articles Posted in Employment based visa

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ai-generated-9069956_1280The fallout of the 2024 Presidential election has left high-skilled foreign workers asking what the Trump administration may have in store for them in the new year.

Perhaps the most vulnerable to attack is the H-1B work visa program, which was previously targeted by the Trump administration. A second term for Donald Trump promises to bring a new set of challenges for H-1B workers, including a hike on mandated salaries paid by U.S. employers, and increased scrutiny leading to a predicted surge in Requests for Evidence and H-1B visa denials.

About the H-1B Work Visa

H-1B workers are a subset of professional workers that have long filled a critical need in the U.S. labor market, especially for those working in the sciences, technology, engineering, and mathematics (STEM) fields.

Every year, U.S. employers from hundreds of industries use the H-1B visa program to bring highly skilled and well-educated foreign professionals to work for them in the United States. To qualify, H-1B workers must have a job offer from a U.S. employer to work in a “specialty occupation,” which requires a baccalaureate degree or the equivalent work experience to work in the field. Applicants must demonstrate that they have the academic and professional qualifications to work for the U.S. employer.

Only 65,000 H-1B visas are available every year, with an additional 20,000 visas made available to professionals with a U.S. master’s degree or higher in their field.

The annual visa limits mean that the H-1B work visa program is a “lottery” based visa, requiring employers to submit an electronic registration every Spring, to have a chance of being selected.

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interview-6956089_1280-1In this blog post, we discuss the release of the Department of State’s October 2024 Immigrant Visa Backlog report.

This is a monthly publication that provides data and statistics regarding the number of immigrant visa cases currently at the National Visa Center waiting for interviews, documentarily complete cases that have been scheduled for visa interviews, and those that are still awaiting visa interviews.

We also compare the increase in the backlog from September to October 2024.

According to the National Visa Center’s Immigrant Visa Backlog Report for the month of October 2024, there has been a modest decrease in the immigrant visa (IV) backlog from 385,800 pending cases in September to 363,242 cases in October — nearly a 5.8% decrease in the backlog.  

Additionally, when comparing the September and October Immigrant Visa backlogs, we can see that the number of immigrant visa applicants whose cases were declared documentarily complete and ready to be scheduled for interviews decreased by 17,846 cases, from 431,110 (in September) to 413,264 (in October).

Additionally, 50,022 applicants whose cases were documentarily complete were scheduled for interviews in the month of October (in comparison to just 45,310 in September).

  • A case is considered documentarily complete by the National Visa Center, when the applicant has paid all necessary fees and submits all necessary documents to meet the formal visa application requirements, such that the case is ready to be scheduled for a visa interview. When a case becomes documentarily complete, the NVC sends applicants an email to notify them that their case is complete and pending scheduling at the local Consulate or Embassy.

September 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of August 31 431,110
Number of documentarily complete IV applicants scheduled for September 2024 interview appointments 45,310
Number of eligible IV applicants still pending the scheduling of an interview after September 2024 appointment scheduling was completed 385,800

October 2024 Immigrant Visa Backlog Report

Number of IV applicants whose cases are documentarily complete at NVC and ready for interview as of September 30 413,264
Number of documentarily complete IV applicants scheduled for October 2024 interview appointments 50,022
Number of eligible IV applicants still pending the scheduling of an interview after October 2024 appointment scheduling was completed 363,242

 Note: In Calendar Year 2019 on average, 60,866 applicants were pending the scheduling of an interview each month.

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super-6698001_1280In the complex landscape of U.S. immigration, the O-1A visa stands out as a great option for individuals with extraordinary abilities in fields such as business, sciences, athletics, or education. This visa offers a pathway for highly talented professionals to work in the United States while showcasing their exceptional expertise.

An O-1A visa petition must be supported by documentation showing receipt of a major internationally recognized award, like a Nobel Prize. However, if the applicant has not received such an award, they may still apply if they meet at least three of the following criteria:

  • Evidence of receipt of nationally or internationally recognized prizes or awards for excellence in the field.
  • Evidence of membership in associations in the field that require outstanding achievements of their members, as judged by recognized experts in the field.
  • Evidence of authorship of scholarly articles in the field, in professional journals, or other major media.
  • Evidence of published material in professional or major trade publications or major media about applicant’s work.
  • Evidence of participation on a panel, or individually, as the judge of the work of others in the field.
  • Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
  • Evidence of commanding a high salary or other compensation for services in relation to others in the field.
  • Evidence of original contributions of major significance in the field (scientific, scholarly, or business-related).
  • Or any comparable evidence to support the beneficiary’s eligibility, if the above criteria are not readily applicable to the occupation.

“Sophia’s” O-1A Journey

In our client’s case, “Sophia” was a Marketing Development professional with over 13 years of experience, creating innovative campaigns for well-known businesses throughout the world.

In support of her O-1A visa, “Sophia,” provided ample evidence to meet more than three of the criteria, including evidence of her leading roles as a marketing professional throughout her career, memberships in prestigious organizations, judging positions in her profession, evidence of high compensation as a marketing professional, recognition in the major media, authorship of scholarly articles, and the exhibition of her work.

While “Sophia’s” immigration journey seemed to go smoothly at first, she ran into some challenges which prompted her to seek representation from our law office. In this blog post, you will learn how “Sophia” was able to bounce back and achieve success after experiencing a few hiccups along the way.

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november-5650854_1280-1Today, the U.S. Department of State’s Bureau of Consular Affairs published the November Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

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

Highlights of the November  2024 Visa Bulletin

At a Glance

What can we expect to see in the month of November?

Employment-Based Categories

  • All employment-based Final Action Dates and Dates for Filing will remain the same in November when compared to the October Visa Bulletin

Family-Sponsored Categories

Final Action

  • F1 Mexico will advance by 1 year and 10 months to November 22, 2004
  • F2A Mexico will advance by 1.2 months to April 15, 2021
  • F2A All other countries will advance by 1.3 months to January 1, 2022
  • F2B Mexico will advance by 5.5 months to July 1, 2005
  • F3 Mexico will advance by 2 months to October 22, 2000
  • F3 Except for the Philippines All other countries will advance by 2 weeks to April 15, 2010
  • F4 Mexico will advance by 1 week to March 1, 2001
  • F4 India will advance by 1 week to March 8, 2006

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money-3883174_1280Recently, the U.S. Citizenship and Immigration Services (USCIS) published guidance to help petitioners of Form I-140, Immigrant Petition for Alien Workers submit the correct filing fee payment when submitting their applications with USCIS.

Since USCIS increased its filing fees in April and implemented a new asylum program fee of $600 for employment-based petitioners filing I-140, it has been rejecting a very high number of petitions due to incorrect fees and missing information.

USCIS reminds all petitioners of Form I-140 that they must provide a payment for the $600 asylum program fee, unless they qualify for a reduced fee of $300 (small employers with 25 or fewer full-time employees), or are exempt from the asylum program fee (nonprofit organizations).

Petitioners who do not provide the correct asylum program fee and the appropriate I-140 filing fee may have their cases rejected.

Additionally, petitioners must provide correct responses on Part 1 for questions 5 and 6 of Form I-140 notifying USCIS whether they qualify for a reduced fee. This portion of the form cannot be left blank.

Petitioners who fail to provide the correct payment with the I-140 petition, or who do not provide a response for questions 5 and 6 in Part 1, may have their cases rejected.

USCIS has published the following guidance on how to complete questions 5 and 6 and determine the correct payment. 

Petitioner Type In Part 1 of the I-140 Question 5 In Part 1 of the I-140 Question 6 Asylum Program Fee Filing Fee Total Payment
Non-profit or Small Business 
A nonprofit business, institution, or government research organization. Yes  Yes or No $0 $715 $715
A small business or organization employing 25 or fewer full-time employees in the United States No Yes $300 $715 $1,015
Individual Self-Petitioner 
A self-petitioner employing 25 or fewer (or zero) full-time employees in the United States No Yes  $300 $715 $1,015
All Other Petitioners 
All petitioners who do not qualify for a reduced Asylum Program Fee and answer “No” to both questions 5 and 6. No No $600 $715 $1,315

I-140 Filing Fee Guidance

USCIS requests that I-140 petitioners provide separate payments for the $715 filing fee and the Asylum Program Fee, using the same type of payment, either check/money order or Form G-1450 to pay with a credit card. Packages filed with more than one type of payment may be rejected.

Petitioners should also review the FAQ section discussing the new USCIS filing fees in subsection “Employment-Based Forms and Fees” for further guidance.

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learn-6874566_1280Today the U.S. Department of State’s Bureau of Consular Affairs published the October Visa Bulletin. In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

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

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 in the month of October.

Highlights of the October 2024 Visa Bulletin

At a Glance

What can we expect to see in the month of October?

Employment-Based Categories

  • The Final Action date for China EB-3 Professionals and Skilled Workers will retrogress by five months, to April 1, 2020. The Date for Filing will retrogress by almost 8 months, to November 15, 2020.
  • The Final Action date for EB-3 Professionals and Skilled Workers Worldwide will advance by almost two years, to November 15, 2022. The Date for Filing will advance by one month, to March 1, 2023.
  • The Final Action date for China EB-5 Unreserved will advance by seven months, to July 15, 2016. The Date for Filing will retrogress by three months, to October 1, 2016.
  • The India EB-5 Unreserved Final Action date will advance by more than one year, to January 1, 2022. The Date for Filing will remain at April 1, 2022.

Family-Sponsored Categories

Final Action

  • F1 Mexico will advance by 7.8 months to January 1, 2003
  • F2A Mexico will advance by 1.1 months to March 8, 2021
  • F2A All other countries will advance by 1 week to November 22, 2021
  • F2B Mexico will advance by 6 months to January 15, 2005
  • F3 Mexico will advance by 5.7 months to August 22, 2000
  • F4 Mexico will advance by 2 weeks to February 22, 2001
  • F4 India will advance by 1.2 months to March 1, 2006

Dates for Filing

  • F1 Mexico will advance by 6 months to October 1, 2005
  • F2B Mexico will advance by 3 months to August 1, 2005
  • F3 Philippines will advance by 6 months to May 8, 2004
  • F3 All other countries will advance by 5.9 months to July 1, 2011
  • F4 Philippines will advance by 4 months to August 1, 2006

Now let’s dive into our analysis of the October 2024 Visa bulletin. 

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https://www.visalawyerblog.com/files/2024/09/Screen-Shot-2024-09-01-at-8.30.21-PM.png
To all of our clients and readers of our blog, without you, we wouldn’t have (or love) our jobs! So we want to just say thanks on this Labor Day weekend and wish you a safe and healthy celebration!

In observance of the Labor Day holiday our offices will be closed Monday September 2nd. We will return to our normal business hours on Tuesday September 3rd. We look forward to serving you.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.
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winner-4149321_1280In this post, we share exciting news for participants of the H-1B FY 2025 electronic registration cap season!

On August 5, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that it conducted a second lottery to reach the annual numerical limit for the regular cap.

The second lottery selected additional beneficiaries from previously submitted electronic registrations for the H-1B Fiscal Year 2025 cap season.

Petitioners with selected registrations in the second lottery have been notified via their myUSCIS organizational accounts online that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

USCIS reminds petitioners that only those with selected registrations are eligible to file an H-1B  cap-subject petition during the filing period indicated on the selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Petitioners will need to include a copy of the applicable selection notice with their FY 2025 H-1B cap-subject petition found on their myUSCIS online accounts.

Unfortunately, a second lottery was not conducted for the advanced degree exemption (also known as the master’s cap), because USCIS reached the annual numerical limit after the first lottery was completed.

Petitioners should be aware that having a selected registration gives you the ability to file an H-1B cap-petition with USCIS, however it does not mean that your case has been approved. You have the burden of proving eligibility for your petition, including the submission of all supporting documentation for your case, and you must await adjudication to receive a final decision from USCIS.

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design-5467034_1280We are pleased to inform our readers that yesterday July 9th, the U.S. Department of State’s Bureau of Consular Affairs released the August Visa Bulletin. In this blog post we breakdown the projected movement of the employment-based and family-sponsored categories in the month of August.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed that in August 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 August 2024 Visa Bulletin

Employment-Based Categories

Final Action and Dates for Filing EB-2 and EB-3 India Advancement 

  • The Final Action date for EB-2 India will advance to July 15, 2012 and the Date for Filing to July 22, 2012
  • The Final Action date for EB-3 India will advance to October 22, 2012 and the Date for Filing to November 1, 2012

Other Categories

  • The Final Action dates and Dates for Filing for the remaining employment-based categories remain the same as the July Visa Bulletin

EB-3 Retrogression in September

  • The State Department warns applicants that the EB-3 Final Action date will likely retrogress or become unavailable in the September Visa Bulletin

Family-Sponsored Categories

Dates for Filing Advancements

F-2A Spouses and Children of Permanent Residents

  • F2A All countries will advance by seven and a half months to June 15, 2024 (from November 1, 2023)

F3 Married Sons and Daughters of U.S. Citizens

  • Except for Mexico and the Philippines, all other countries will advance by three months to January 1, 2011 (from October 1, 2010)

F-4 Brothers and Sisters of Adult U.S. Citizens

  • F4 Mexico will advance by two days to April 30, 2001

Final Action Date Advancements

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • F2B Mexico will advance by one week to July 15, 2004

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