Tag Archives: DOS

The White House Releases Immigration Principles & Policies

On Oct. 8, 2017, the White House released the promised Immigration Principles & Policies (Principles & Policies) which outline the Trump Administration’s position on immigration. This document is broken into three parts: 1) Border Security, 2) Interior Enforcement, and 3) Merit-Based Immigration. A summary of each part is broken down below.… Continue Reading

September 2017 Visa Bulletin Update

The Department of State (DOS) recently released the September 2017 Visa Bulletin.  The charts show movement in some employment-based categories, with no movement in other employment-based visa categories. According to the September Visa Bulletin, the following are updates to Final Action Dates: EB-1: The Worldwide EB-1 category for India and China remains stalled at Jan. 1, … Continue Reading

August 2017 Visa Bulletin Update

The Department of State’s (DOS) August 2017 Visa Bulletin showed some minor forward movement in some employment-based categories, with no movement or retrogression in other employment-based visa categories. Referring to the Final Action Dates, the following are the updates for the August Visa Bulletin: The Worldwide EB-1 category for India and China remains stalled at Jan. … Continue Reading

Updated Information and FAQs on the Reinstated Partial Travel Ban

As the Supreme Court lifted the injunction on the second Executive Order regarding the travel ban, questions abound regarding its implementation and how it will affect both visa issuance and entry into the United States. Visa issuance is overseen by the Department of State while entry into the United States is overseen by Customs and Border Protection. … Continue Reading

New Development: DOS & CBP Release Additional Guidance on Travel Ban Following Monday’s Supreme Court Ruling

On June 26, 2017, the Supreme Court partially lifted the injunctions granted by the Fourth and Ninth Circuits on President Trump’s second Executive Order commanding a temporary travel ban. The Supreme Court narrowed the application of travel ban, which will now only apply to nationals from the six designated countries “who lack any bona fide … Continue Reading

USCIS Issues Guidance Regarding Adjustment of Status Application Filing Dates for July 2017

USCIS has determined that for July 2017, the Final Action Dates chart in the Department of State (DOS) Visa Bulletin must be used for both family-sponsored filings and employment-based preference filings. By way of background, individuals who are present in the United States are eligible to file a Form I-485, Application to Adjust Status in … Continue Reading

November 2016 Visa Bulletin Released

The Department of State released the November Visa Bulletin, which contains some movement of final action dates in certain employment-based categories. The Worldwide EB1-1 category remains current for all categories, including individuals born in mainland China, El Salvador, Guatemala, Honduras, India, Mexico and the Philippines. The cutoff date for worldwide chargeability in the EB-2 category … Continue Reading

September 2016 – Monthly AILA Check-In with Charlie Oppenheim

After the release of the October Visa Bulletin, Charlie Oppenheim, chief of Visa Control and Reporting Division for the U.S. Department of State (DOS), provided his predictions on the future movement in the employment-based green card categories.  They are summarized below: EB-1 China and India In the October bulletin, final action dates for India and … Continue Reading

Department of State Issues October 2016 Visa Bulletin

This week, the Department of State released the Visa Bulletin for October 2016. EB-5 Unfortunately, the expected movement as the U.S. government begins a new fiscal year did not materialize for the EB-5 visa category. The date for final action for the EB-5 visa category for mainland China born applicants advanced only one week from … Continue Reading

USCIS Expands Eligibility for Unlawful Presence Provisional Waiver

In July 2016, USCIS announced a final rule expanding eligibility of immigrant visa applicants to provisional waivers of unlawful presence under INA section 212(a)(9)(B). Under the former rule promulgated in 2013, only applicants immigrating as immediate relatives (i.e., spouses, parents, or unmarried children of U.S. citizens under 21) could qualify for the waiver of the … Continue Reading

USCIS Issues Guidance Regarding Adjustment of Status Application Filing Dates for September 2016

On Aug. 9, 2016, following the release of the September 2016 Visa Bulletin, U.S. Citizenship & Immigration Service (USCIS) issued a statement explaining when to file Adjustment of Status applications for those seeking to become U.S. permanent residents under family-sponsored or employment-based preference immigrant visa categories. By way of background, individuals who are present in … Continue Reading

July 2016 – Monthly AILA Check-In with Charlie Oppenheim

After the release of the August Visa Bulletin, Charlie Oppenheim, chief of Visa Control and Reporting Division for the U.S. Department of State (DOS), provided his predictions on the future movement in the employment-based green card categories.  They are summarized below: EB-2 and EB-3 China The Final Action date of Jan. 1, 2010, will see … Continue Reading

August 2016 Visa Bulletin Released

This week the Department of State released the August Visa Bulletin, which contains some significant movement in certain employment-based categories. In its July Visa Bulletin, which we wrote about here, the Department advised that it would impose cutoff dates for India and China in the EB-1 category.  In the August Bulletin, the Department has imposed … Continue Reading

Export Controls Action by the U.S. Department of State Relating to H-1B Visa Holder

Between December 2009 and June 2010, a Chinese national and H-1B visa holder working at Microwave Engineering Corporation, a U.S. company located in Massachusetts, (Microwave) was provided with technical data which otherwise would have required a license from the U.S. State Department’s Directorate of Defense Trade Controls (DDTC).  Specifically, the technical data to which the … Continue Reading

June 2016 – Monthly AILA Check-In with Charlie Oppenheim

Charlie Oppenheim is the chief of Visa Control and Reporting Division for the U.S. Department of State (DOS) where he is responsible for providing analysis and prediction for immigrant preference categories.  After the release of the July 2016 visa bulletin Mr. Oppenheim provided the following information regarding employment-based petitions to AILA: EB-2 and EB-3 – China: … Continue Reading

June 2016 Visa Bulletin Update

The Department of State (DOS) has released the June 2016 Visa Bulletin that includes the “Application Final Action Dates” and “Dates for Filing Applications.” For both family-sponsored and employment-based filings, the United States Citizenship and Immigration Service (USCIS) website indicates that the Application Final Action Dates chart must be used for May 2016. Please see … Continue Reading

Greenberg Traurig’s Nataliya Rymer Featured In Law360 Article – DOS Visa Revocation Policy May Pose Serious Consequences

In a recent Law360 article, Nataliya Rymer, Of Counsel in Greenberg Traurig’s Philadelphia office, addresses the DOS’ prudential visa revocations and its impact on foreign nationals, employers, and school officials.  Nataliya reviews the State Department’s broader application of prudential visa revocation of late and the low burden of proof used by the agency to determine … Continue Reading

Department of State Issues May 2016 Visa Bulletin

The Department of State (DOS) has released the May 2016 Visa Bulletin with the Application Final Action Date chart for employment-based applications which reflects some modest movement for some applicants. The second and third preference categories for China-mainland born applicants had no movement. The second and third preference categories for India move ahead a few weeks to Nov. … Continue Reading

April 2016 Visa Bulletin Release

The Department of State (DOS) has released the April 2016 Visa Bulletin, with the Application Final Action Date chart for employment-based applications reflecting some substantial movement. The 2nd preference category for China-mainland born applicants has moved ahead one month to Sept. 1, 2012, and for India born applicants it has moved ahead a few weeks … Continue Reading

Department of Homeland Security Unveils Known Employer Pilot Program

On March 3, 2016, the Department of Homeland Security (DHS) formally announced the Known Employer pilot program. In January 2015, DHS advised that it would evaluate the Known Employer pilot as part of the United States-Canada Beyond the Border initiative. The pilot program was also recommended in the multi-agency report to the president, entitled “Modernizing and Streamlining … Continue Reading

USCIS Releases Processing Information for March 2016 Visa Bulletin

USCIS has released another updated Visa Bulletin chart listing the dates to file adjustment of status applications. As we previously reported, USCIS and the DOS revised the procedures for determining visa availability for individuals looking to file adjustment of status applications.  The DOS Visa Bulletin now has two categories of cut-off dates: Application Final Action Dates … Continue Reading

Summary of AILA’s Monthly ‘Check-In with Charlie’ (February 2016 Edition)

On Feb. 8, 2016, the March 2016 Visa Bulletin was released (previously covered by Greenberg Traurig here).  Shortly thereafter, on Feb. 17, 2016, AILA “checked in” with Charles (Charlie) Oppenheim, chief of the Visa Control and Reporting Division, U.S. Department of State, to obtain his analysis of current developments and his future predictions. Below are highlights … Continue Reading

The Department of State Released a Cable Summarizing USCIS Policy Guidance on H-1B Visa Petitions Involving Change in Place of Employment

The Department of State (DOS) recently released a cable summarizing USCIS policy guidance on H-1B visa petitions that involve a change in place of employment. As we reported previously, a Restrictive AAO Decision held that a change in the place of employment of a beneficiary to a geographical area requiring a new LCA may affect … Continue Reading

December 2015 Monthly AILA Check-In with Charlie Oppenheim

On Dec. 14, 2015, USCIS released the Visa Bulletin Charts for January 2016, in conjunction with the Visa Bulletin, USCIS announced that Family-sponsored immigrant visa applicants may use the “Dates of Filing” chart for January 2016 for filing adjustment of status applications, but Employment-based applicants must use the “Final Action Dates” chart for January 2016. … Continue Reading
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