Articles Posted in I-485

Did you know that you can apply for a green card without a job offer or even sponsorship from a U.S. employer?

In this video attorney Jacob Sapochnick tells you all you need to know about the EB-2 National Interest Waiver, an employment-based green card option for professionals who are working in an area of national importance to the United States government.

This video focuses specifically on how engineering professionals can qualify for the National Interest Waiver, which is one of the most popular ways to obtain permanent residence in the U.S.

For more information, please keep on watching.


Overview


If you are an engineer that has earned an advanced degree (baccalaureate or higher) or have exceptional ability in your field of engineering, then you may be eligible to self-petition for a green card by applying for the EB-2 National Interest Waiver.

Unlike the EB-3 employment-based green card which requires employment sponsorship, the EB-2 National interest Waiver allows an individual to self-petition for their green card.

This provides applicants with the freedom and flexibility to apply for permanent residence on their own without having to undergo the lengthy labor certification process with a U.S. employer.

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Did you know? The May 2024 Visa Bulletin was recently released by the Department of State. In this video, attorney Jacob Sapochnick talks about the exciting movement we are seeing in almost all the family-sponsored categories in the month of May, and what we can expect to see for the employment-based categories in the coming months.


Adjustment of Status Filing Chart May 2024


For the month of May 2024, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing Chart for all family-sponsored preference categories, and the Final Action Dates Chart for all employment-based preference categories, when applying for adjustment of status to permanent residence in the United States.


What Can We Expect to see in the Month of May?


Family-sponsored categories


FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES


The Final Action Dates Chart for the family-sponsored categories advanced for nearly all categories as follows:

  • F1 Mexico will advance by 5.5 months to October 15, 2001
  • F1 Philippines will remain the same at March 1, 2012
  • F1 All other countries will advance by 4.9 months to July 8, 2015
  • F2A Mexico will advance by 2.8 months to November 8, 2020
  • F2A Philippines will advance by 8.7 months to June 1, 2021
  • F2A All other countries will advance by 8.7 months to June 1, 2021
  • F2B Mexico will advance by 4.3 months to March 1, 2004
  • F2B Philippines will remain at October 22, 2011
  • F2B All other countries will advance by 4.3 months to April 1, 2016
  • F3 Mexico will advance by 10.4 months to July 22, 1999
  • F3 Philippines will advance by 1.8 months to August 1, 2002
  • F3 All other countries will advance by 3 months to January 1, 2010
  • F4 Worldwide and China will advance by 1.4 months to July 22, 2007
  • F4 India will advance by 1 month to January 15, 2006
  • F4 Mexico will advance by 3.3 months to January 22, 2001
  • F4 Philippines will advance by 2.8 months to September 8, 2003

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In this video, attorney Jacob Sapochnick analyzes the April 2024 Visa Bulletin and discusses the significant movement in the employment based categories and modest movement in the family-sponsored preference categories for the month of April. We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.


Adjustment of Status Filing Chart April 2024


For the month of April 2024, the U.S. Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart for family-sponsored filings to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

For employment-based preference categories, USCIS will use the Final Action Dates chart to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).


What Changes Can Be Seen Next Month?


Family-sponsored categories

Dates for Filing

The Dates for Filing chart remains unchanged from the previous month except for the following categories:

  • F4 India will advance by 1.5 months to April 8, 2006, and
  • F4 Philippines will advance by 1 year to April 22, 2005

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Every month the Department of State releases the Visa Bulletin, which tells visa applicants how long they must wait before they can apply for their green cards to immigrate to the United States.

Unfortunately, the Dates for Filing chart of the Visa Bulletin has not seen any forward movement in recent months, and the Final Action Dates have moved very slowly for most employment-based preference categories.

What does this mean for employment-based categories experiencing long delays such as EB-2? Keep on watching to find out more.


Overview


For employment-based visa applicants stuck in the lengthy backlogs, there is an effective way to combat the visa backlog by downgrading to the employment-based third preference category (also known as EB-3), which is currently moving faster than the other employment-based preference categories on the Visa Bulletin.


What is an EB-3 downgrade?


The EB-3 downgrade refers to the process of strategically moving from another employment-based category (one that is moving slowly), to the employment-based third preference category (EB-3) to take advantage of the faster movement of the category on the Visa Bulletin. This is particularly helpful for nationals of countries facing very high demand for immigrant visas such as India and China.

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In this video, attorney Jacob Sapochnick discusses the latest updates in the March 2024 Visa Bulletin including slight advancements in the employment based categories and major movement in the family-sponsored preference categories in the month of March. We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.


Adjustment of Status Filing Chart March 2024


For the month of March 2024, the U.S. Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart for family-sponsored filings to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).

For employment-based preference categories, USCIS will use the Final Action Dates chart to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).


What Changes Can Be Seen Next Month?


Employment-based categories

Dates for Filing

  • The March Dates for Filing remain the same as February 2024, with the exception of the employment-based fourth preference category, EB-4 which will advance by 4 months to January 1, 2020.

Movement in the Final Action Dates

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In this video, attorney Jacob Sapochnick discusses the advantages and disadvantages of the H-1B temporary work visa versus the EB-3 immigrant visa for professionals.

We will dive into the differences between them and the factors that you may want to consider when evaluating which process might be right for you.

If you would like to know more about this topic, we invite you to watch our video.


Overview


If you are looking for opportunities to live and work in the United States, it is a good idea to carefully research the visas that are available to you and speak with a qualified immigration attorney to help you navigate through any visa alternatives that could benefit you.

Narrowing your search and having a thorough understanding of the most suitable visas for you will give you the knowledge and insight that you will need to comfortably approach a U.S. employer for a potential job offer and employment sponsorship.

Foreign workers typically find that U.S. employers, especially start-ups and smaller companies, are unfamiliar with the process of sponsoring a worker for a visa. That means that the worker will need to be familiar enough with the process to put their best foot forward during negotiations. Workers must be prepared to present different options to employers.

Our employment-sponsorship videos provide tips to empower you and make your job search more efficient in 2024. We hope you will share them with anyone who may benefit.


The H-1B Work Visa


We begin our discussion with the H-1B work visa. This is a temporary nonimmigrant work visa type that allows U.S. employers to petition and hire foreign workers with specialized skills for a specific period of time. To qualify for this visa type, foreign workers must have at least a bachelor’s degree or its equivalent and be employed in a specialty occupation relating to their field of study.

H-1B workers are typically employed in STEM fields, as scientists, engineers, computer programmers, software developers, and technology workers, but other fields may qualify that require specialty knowledge. This visa type also allows employers to sponsor professional fashion models of distinguished merit or ability.

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In this video, attorney Jacob Sapochnick shares everything you need to know about the February 2024 Visa Bulletin including a few changes in the employment based and family-sponsored preference categories. We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.


Adjustment of Status Filing Chart February 2024


As in the previous few months, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing chart in the month of February 2024 to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).


What Changes Can Be Seen Next Month?


Employment-based categories

  • The February Dates for Filing remain the same as January 2024

Final Action Dates

  • EB-1 Worldwide: Final Action Dates will remain current.
  • EB-2 Worldwide: Final Action Dates will advance by two weeks to November 15, 2022.
  • EB-3 Professional/Skilled Workers: India will advance by one month to July 1, 2012. Final Action Dates for the remaining countries in this category will advance by one month to September 1, 2022.
  • EB-3 Other Workers: India will advance by one month to July 1, 2012.
  • EB-5: The EB-5 China Unreserved Final Action Date will advance by one week to December 15, 2015.

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In this blog post, attorney Jacob Sapochnick shares everything you need to know about the January 2024 Visa Bulletin including major advancements in the employment based and family-sponsored preference categories. This is the most significant movement we have seen in months! We also discuss our predictions on what to expect from the Visa Bulletin in the coming months.

If you would like to know more about this topic, we invite you to watch our video.


Adjustment of Status Filing Chart January 2024


As in the previous few months, the U.S. Citizenship and Immigration Services (USCIS) will continue to use the Dates for Filing chart in the month of January 2024 to determine eligibility for I-485 adjustment of status filings (green card filings inside the US).


 What Changes Can Be Seen Next Month?


Employment-based categories

  • EB-1 India: The EB-1 India Final Action Date will advance by three years and eight months, to September 1, 2020, and the Date for Filing will advance by a year and a half, to January 1, 2021.
  • EB-1 China: The EB-1 China Final Action Date will advance by four and a half months, to July 1, 2022, and the Date for Filing will advance five months, to January 1, 2023.
  • EB-2: The EB-2 Final Action Date for India will advance by two months, to March 1, 2012, and the EB-2 China Final Action Date will advance by approximately nine weeks, to January 1, 2020. Final Action Dates for the remaining countries in EB-2 will advance by three and a half months, to November 1, 2022.

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In this blog post, we will discuss the top five ways that foreign investors can get a green card in the United States. This post will benefit potential investors or foreign nationals who want to maximize their chances of gaining permanent residence in the United States.


Overview


If you are a foreign investor or an entrepreneur there are essentially five ways to self-petition for permanent residence without the requirement of a job offer or employment sponsorship.


Option One: Green Card through the EB-5 Immigrant Investor Program


The first option is the EB-5 Immigrant Investor Program. This program allows qualifying investors to obtain conditional permanent residence through an EB-5 visa. To qualify, investors must make a capital investment of $800,000 (in a Targeted Employment Area Regional Center Project) or $1,050,000 (in a new commercial enterprise that you create or buy into – also known as direct EB-5 investments). You must also demonstrate that the capital you are investing comes from a lawful source, and that your investment will create at least 10 new jobs for U.S. workers. Additionally, your capital investment must be committed to the project for at least five to seven years.

Once an investor’s EB-5 petition has been approved, he or she will receive a 2-year conditional green card. Before the expiration of the green card, the investor must remove the conditions on his permanent resident status by filing an I-829 petition with USCIS. When removing the conditions on permanent residence, investors must prove that they made the required investment and that all EB-5 requirements were satisfied such as job creation.

Once USCIS approves the I-829 petition, the applicant’s residency status is no longer conditional and the investor will be issued a 10 year green card.

EB-5 Direct Investments

EB-5 direct investments are those where the capital is invested in a new commercial enterprise such as a franchise operation, hotel real estate development projects, large restaurants, IT projects, retail chain operations, and large construction projects.

One of the most important components of the EB-5 application process is that you must be prepared to demonstrate the source/origin of your investment funds through documentary evidence. In other words, your investment funds must be traceable to their originating source.

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One of the most common questions that we receive from applicants who are applying for a green card is what happens when your priority date becomes current?

In this video we will discuss what it means for a priority date to become current, and the general steps that you need to take once this happens.


What is a priority date?


First let’s clarify what a “priority date” is. A priority date is a legal term used in immigration law which generally refers to the date when your immigrant petition was filed with the U.S. Citizenship and Immigration Services (USCIS).

A “priority date” is important because it determines your place in line in the visa queue for those preference categories that are subject to annual numerical visa limitations. As we have mentioned in previous videos, the Visa Bulletin is published every month and allows applicants to estimate how long they need to wait in “line” before they are eligible to apply for their green card based on their preference category and country of nationality.


Family Sponsored Preference Categories


If you are applying for a green card under family sponsorship and you are not applying as the spouse, unmarried child (under 21 years of age), or parent of a U.S. Citizen, then you must wait in “line” in the visa queue until a visa becomes available to you before you can apply for a green card, according to your priority date on the Visa Bulletin.

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