Articles Posted in Skilled Workers

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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In this video, attorney Jacob Sapochnick discusses a new press release shared by the Department of State which provides insights on the status of visa operations worldwide during fiscal year 2023. The report highlights that from October 2022 through September 2023, DOS issued more than 10 million visas worldwide, with half of U.S. Embassies and Consulates around the world issuing more visas than ever before.

In this post, we provide a summary of the agency’s impressive achievements and visa statistics over the past fiscal year.

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


Overview


According to the press release, the Department of State hit a near historic record, issuing more than 10.4 million nonimmigrant visas worldwide in fiscal year 2023.

Nearly 8 million visitor visas were issued for business and tourism – more than in any fiscal year since 2016.

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Are you interested in learning about the green card wait times for family-sponsored and employment-based preference categories subject to the annual limits?

If so, then we invite you to watch this video about the newly released October 2023 Visa Bulletin. This is a Visa Bulletin you won’t want to miss because October is the start of a brand new fiscal year. The Department of State has confirmed that there will be an estimated 165,000 employment-based visa numbers allocated in fiscal year 2024, which ends on September 30, 2024.

USCIS has confirmed that it will accept adjustment of status applications filed in the month of October pursuant to the Dates for Filing chart for both family-sponsored and employment-based preference categories.

The October Visa Bulletin Dates for Filing chart shows advancement from last month for all employment-based categories except EB-3 worldwide, Mexico, and Philippines which will retrogress by 3-4 months; EB-1 India will also retrogress by two months.

The Dates for Filing chart for the family-sponsored categories remains unchanged from last month.


Highlights of the October 2023 Visa Bulletin


Here are some of the highlights of the October 2023 Visa Bulletin which marks the start of the new fiscal year 2024.

Employment Based Categories


Final Action cutoff dates:

  • EB-1: will advance by five years for India to January 1, 2017, and by two weeks for China to February 15, 2022. All other countries will be current in October.
  • EB-2: will advance by one year to January 1, 2012, for India, and by almost three months for China to October 1, 2019. All other countries will advance by one week to July 8, 2022, in October.
  • EB-3:  EB-3 Professional/Skilled Worker will advance by three years and four months for India, to May 1, 2012, and by four months for China to January 1, 2020. All other countries will advance by one year and seven months to December 1, 2021.
  • EB-5: For EB-5 Unreserved categories (C5, T5, I5, and R5) India will advance by one year and eight months to December 15, 2018, and by three weeks for China to October 1, 2015. All other countries will be current in October. The EB-5 set aside categories (Rural, High Unemployment, and Infrastructure) will also be current in October.

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Would you like to know how you can renew your U.S. visa in 2023? If so, then this video is right for you.


Overview


Your U.S. visa has expired and now it’s renewal time. In this video, attorney Jacob Sapochnick discusses the general process of applying to renew your U.S. visa in 2023 at a U.S. Consulate or Embassy overseas.

Please note that there are hundreds of different U.S. visa categories that have their own eligibility criteria and renewal requirements. The information provided here does not, and is not intended, to constitute legal advice. To obtain legal advice on your particular facts, case, or circumstances, please consult with a licensed immigration attorney.

For visa specific information and documentary requirements, applicants may contact their closest U.S. Embassy or Consulate.


Visa Renewal Steps


Here are the main steps that any applicant must take when renewing their visa at a U.S. Consulate or Embassy abroad.

Step One: Make sure that you qualify for your U.S. Visa Renewal

First and foremost, regardless of your visa type you must be prepared to provide documentary evidence to the Consular official to prove that you remain eligible for the renewal of your visa.

For example, if you are renewing a student visa you must provide your updated Form I-20 Certificate of Eligibility for Nonimmigrant Student Status to show that you remain eligible to study in the United States. If you are applying to renew your tourist visa, you must continue to demonstrate your eligibility such as proof of temporary stay, strong ties to your home country, proof of sufficient finances to cover your temporary stay, etc.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new H-1B online registration system and everything you need to know if you are applying for an H-1B cap petition in fiscal year 2021.

Overview:

What’s new?

As our blog followers will know, the United States Citizenship and Immigration Services has drastically changed the filing procedure for submitting H-1B cap subject petitions.

Beginning March 1, 2020, before a petitioner can file an H-1B cap-subject petition on behalf of an alien worker, including petitions eligible for the advanced degree exemption, the petitioner must first electronically register with USCIS on the USCIS website.

This electronic registration requirement is absolutely mandatory.

Only petitioners with a valid registration selection will be eligible to file an H-1B petition with USCIS.

The initial registration period for H-1B FY 2021 will open on March 1, 2020 and is expected to close on March 20, 2020. The actual end date will be provided by USCIS very soon on its website. Petitioners must pay a $10 H-1B registration fee per submission. Duplicate registrations are prohibited.

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