Articles Posted in Skilled Workers

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Are you waiting for your priority date to become current on the visa bulletin? Then you won’t want to miss this blog post covering the release of the August 2024 visa bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa 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

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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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In this video attorney Jacob Sapochnick discusses the State Department’s release of the June 2024 Visa Bulletin. Learn all about the changes we are seeing in the family-sponsored and employment-based categories for the month of June in this video.

Adjustment of Status Filing Chart June 2024

For the month of June 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.

Top Highlights of the June Visa Bulletin

Employment-Based Categories

Unfortunately, for the employment-based categories, the June Visa Bulletin shows no movement.

  • The Dates for Filing chart in June remains unchanged from the previous months.
  • The Final Action Dates for EB-1, EB-2, and EB-5 remain unchanged.
  • Only EB-3 India will advance by one week.

Family-Sponsored Categories

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New H-1B rules are changing the immigration landscape for U.S. employers and foreign workers in the United States.

In this video, attorney Jacob Sapochnick shares all you need to know about these important changes.

Did you Know? In February of this year, the Department of Homeland Security (DHS) published a final rule in the Federal Register that changed the H-1B registration process and enhanced the H-1B program’s integrity to safeguard against fraud. These changes resulted in a significant drop in the number of eligible H-1B registrations for fiscal year 2025 by 40%.

Overview

The H-1B visa is one of the most popular work visas used by professionals with U.S. job offers to work in specialty occupations. To be eligible for this visa category, applicants must have at least a bachelor’s degree or higher, or the equivalent work experience in the specialty occupation.

Current laws limit the annual number of qualifying foreign workers who may be issued the H-1B visa to 65,000 with an additional 20,000 reserved for the H-1B advanced degree exemption for those with U.S. master’s degrees (or higher). Unfortunately, the high demand for the H-1B visa, makes the lottery process extremely competitive considering that thousands upon thousands of employers compete for the very limited number of visas available every year.

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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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https://www.youtube.com/watch?v=mUZ6U-Wasd4

The H-1B cap season is now in full swing. Electronic registrations for the fiscal year 2025 H-1B work visa lottery opened on March 6th and will close at noon eastern time on March 22nd.

If you want to know how you can prepare for the upcoming lottery and learn about the recent changes made to the program, we invite you to watch our video.

Overview

The H-1B visa program is one of the most common work visas for professionals seeking to work for U.S. employers in specialty occupations that require a bachelor’s degree or the foreign equivalent. Every year, during the month of March, 65,000 H-1B work visas are up for grabs, and an additional 20,000 visas are available for those holding a U.S. advanced degree (master’s degree or higher from accredited U.S. institutions of higher education).

Those who wish to have a chance of being selected must submit an online electronic registration before the deadline of March 22nd.  Once the registration period has closed, USCIS will select enough registrations to meet the annual H-1B visa cap from the pool of applicants who have registered.

About the Electronic Registration System

The online electronic registration system was first introduced by USCIS in 2019 to streamline the H-1B selection process, without requiring U.S. employers to first submit complete paper filings by mail.

The electronic registration process allows U.S. employers and their prospective employees to first compete for the limited number of H-1B visas available, and once selected U.S. employers can submit complete filings to USCIS on behalf of the foreign worker.

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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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