Recently, the Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (‘OSC’) entered into a settlement agreement with a landscaping company following allegations of immigrant discrimination.  The
Continue Reading Office of Special Counsel Settlement Re Immigrant Discrimination

Yesterday, the U.S. District Court for the District of Columbia significantly curtailed immigration benefits for foreign students in the United States on F-1 visas. In her opinion in the case
Continue Reading Federal Court Decision on F-1 Work Authorization Poses Massive Headaches for Employers Unless USCIS Implements A New Rule In The Next 6 Months

The Department of State’s (DOS) September Visa Bulletin shows the results of heavy demand in the employment-based visa categories. The most dramatic movement is the retrogression for Chinese and Indian nationals seeking EB-2 classification. Both categories will retrogress to Jan. 1, 2006, with China EB-2 moving backwards seven years and India EB-2 moving backwards two years from last month’s bulletin.

As we have often seen, EB-2’s loss is EB-3’s gain, as Indian and Chinese nationals under the EB-3 category saw forward movement of more than six months to Dec. 22, 2004.  Visa numbers for Filipino nationals seeking EB-3 classification are no longer unavailable as those with priority dates of Dec. 22, 2004 or earlier may apply.


Continue Reading September Visa Bulletin: “See-saw” Trend between EB-2 and EB-3 India and China Continues

In continuation of our reports from last week (June 15, 2015 and June 17, 2015) the State Department describes some progress on the worldwide visa issuance delays that have and are ruining long-planned vacations, athletic events and family reunions for travelers trying to come to the United States.

The Bureau of Consulate Affairs says it has rebuilt the database responsible for the shutdown and is currently testing it. While the State Department reports that 39 U.S. consulates and embassies are now issuing visas – we have included the list of operating consulates and embassies below – because biometrics data processing is still not operational, the individual embassies and consulates still cannot issue visas.

For example, while London appears on the list of operating consulates and embassies, London’s website reports that because full biometric data processing is not restored, it is unable to print most nonimmigrant visas approved on or after June 9. Many individuals who applied for a visa at the Embassy in London between June 9 and 19 and whose application was approved are still waiting for the Embassy to return their passports containing their new visa stamp.

Individuals who are planning to apply for visas or individuals with pending visa applications should check the website of the nearest U.S. embassy for up-to-date messages about visa processing and interview availability. The State Department says many embassies and consulates are rescheduling interviews starting this week and that it plans to have all consulates and embassies up and running by the end of this week.

The State Department says it issued more than 45,000 visas yesterday, 15,000 of which were issued by the Embassy in Beijing. There is a large backlog of applications, the State Department says, but Consular Officers will work over the weekend to clear it.
Continue Reading Some Improvement, But Frustrating Visa Delays Continue