Tag Archives: DOS

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

U.S. Passport Book Changes

On Nov. 20, 2015, the U.S. Department of State (DOS) issued a final rule on the elimination of the visa page insert service within U.S. Passports.  Earlier in the year, DOS published a notice of proposed rulemaking that eliminated the visa page insert service for regular fee passport book holders. This rule will become effective on … Continue Reading

USCIS Provides Guidance on Immigrant Visa Availability and Priority Dates

The Basics of Immigrant Visa Availability The Immigration and Nationality Act (INA) sets a limit on the number of immigrant visas (i.e. green cards) that may be issued to foreign nationals each year, and the U.S. Department of State (DOS) is the agency that allocates the aforementioned immigrant visas. There are an unlimited number of … Continue Reading

DOS Cable Update On Personal/Domestic Employees

The Department of State (“DOS”) issued a cable, which updates a provision of the Foreign Affairs Manual that deals with personal/domestic employees of U.S. citizens on temporary assignment in the United States. The cable advises that the length of stay for a qualified employee is increased from FOUR to SIX years. In general, to qualify, the … Continue Reading

Department of State Issues Final Rule re: Procedures for Issuing Nonimmigrant Visas

The Department of State (DOS) issued a final rule effective November 2, 2015 updating its regulations regarding the nonimmigrant visa format and record retention procedures found at 22 CFR §41.114, which currently provides for the placement of a nonimmigrant visa stamp in the foreign national’s passport. The DOS has now amended the regulation to reflect … Continue Reading

Recent Department of State Guidance on Form I-129S Policy Merits Practical Consideration

On October 8, 2015, the Department of State (DOS) clarified that the endorsement validity dates of a Form I-129S control the period of a worker’s blanket L-1 classification.  In response to this DOS clarification, employers and holders of Blanket L visas are advised to verify the I-129S validity dates as soon as the endorsed form … Continue Reading

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

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 … Continue Reading

U.S. Immigration: Extended Visa Validity Announced for Chinese Nationals

The Department of State (DOS) announced more changes to its Reciprocity Table following updates from earlier this month and in September.  Specifically, beginning November 12, 2014, Chinese nationals and their dependents will be eligible for longer visa validity periods for the following U.S. visas: B-1/B-2 (business and tourism) visas will increase from a one-year validity period … Continue Reading

Immigration Benefits Extended to Include Gestational Mothers Using Assisted Reproductive Technology

Employers should note that U.S. Citizenship & Immigration Services (USCIS) announced recently that gestational mothers who use assisted reproductive technology meet the definition of “Mother” and “Parent” under the Immigration and Nationality Act (INA). For example, a woman who became pregnant through an egg donor will be (1) able to petition for her child based … Continue Reading

Backward Movement Confirmed Again for Several Immigrant Visa Categories

As an update to our prior post, Mr. Charlie Oppenheim, chief of the Visa Control and Reporting Division of the U.S. Department of State (DOS), recently gave another update on employment-based permanent residence and retrogression. According to visa usage trends, it is speculated by Mr. Oppenheim that significant backward movement will occur for several immigrant visa … Continue Reading

Summary of AILA’s Monthly Check-In with “Charlie”

On September 8, 2014, the October 2014 Visa Bulletin was released (previously covered by Greenberg Traurig here). Shortly thereafter, on September 11, 2014, 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 trends and future projections for the various … Continue Reading