Business Immigration Insights

The provision automatically extending some Employment Authorization Documents (“EADs”) of the much-anticipated “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimigrant Workers” regulation goes into effect today.  The regulation provides for the automatic extension of certain EADs for a period not to exceed 180 days, provided that a renewal application is:

1. Properly filed with USCIS before the expiration date shown on the face of the expiring EAD,
2. Based on the same employment category shown on the face of the expiring EAD, and
3. Based on a class of aliens whose employment eligibility to apply for employment authorization continues notwithstanding expiration of the EAD and is based on an employment authorization category that does not require adjudication of an underlying application or petition before the adjudication of the renewal application.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

On December 27, 2016, the Administrative Appeals Office of U.S. Citizenship & Immigration Services (USCIS) issued a far-reaching decision, Matter of Dhanasar, that sets a new legal framework for approval of National Interest Waiver (NIW) petitions and is likely to greatly increase the value of this green card category.  The newly designated precedent decision also vacates Matter of New York State Department of Transportation, a 1998 case that has severely limited the usability of the NIW petition for almost 20 years.

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here.

Below is a summary of the January Visa Bulletin, including Final Action Dates and changes from the previous month:

• China continues to move forward at a slow pace, and the EB-3 cut-off date (September 8, 2013) remains ahead of the EB-2 date (October 15, 2012)
• India EB-2 jumps ahead more than two months to April 15, 2008, while EB-3 remains stalled at March 15, 2005

The Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers rule was published in the Federal Register today. This significant rule codifies long-standing but unofficial agency practices under the American Competitiveness in the Twenty-First Century Act of 2000 (“AC21”) and establishes a variety of new provisions to further streamline business immigration processes, including the following:

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process.

Below is a summary of the December 2016 Visa Bulletin, including Final Action Dates and changes from the previous month:

• China continues to move forward at a slow pace, and the EB-3 cut-off date (July 1, 2013) remains ahead of the EB-2 date (September 22, 2012)
• India EB-2 jumps ahead three months to February 1, 2008, while EB-3 only advances one week to March 15, 2005
• Philippines EB-3 advances two months to June 1, 2011
• Worldwide EB-3 remains stalled at July 1, 2016.