Mark A Ivener, A Law Corporation

Category: Employment-based

EB-4 Visa Limits Reached for Special Immigrants From Mexico

The Department of State’s Visa Bulletin for July 2016 reflects a final action date of January 1, 2010, for EB-4 visas for special immigrants from Mexico. This means that starting on July 1, 2016, applicants from Mexico who filed Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, on or after January 1, 2010, will… Read More

USCIS Finalizes Guidance on ‘Same or Similar’ Occupations and Job Portability

On March 18, 2016, U.S. Citizenship and Immigration Services (USCIS) finalized guidance, effective March 21, on determining whether a new job is in the “same or similar” occupational classification with respect to job portability. The policy memorandum instructs USCIS employees on how to use the Department of Labor’s Standard Occupational Classification (SOC) codes and other… Read More

USCIS Seeks Comments on Proposed Rule to Change Certain Employment-Based Visa Programs

U.S. Citizenship and Immigration Services (USCIS) seeks public comments on a proposed rule published (PDF) on December 31, 2015, “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” that would change certain aspects of employment-based visa programs. USCIS is also proposing regulatory amendments “to better enable U.S. employers to hire… Read More

USCIS, State Dept. Revise Procedures for Determining Visa Availability for Adjustment of Status Applicants

U.S. Citizenship and Immigration Services (USCIS), in coordination with the Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored adjustment of status. Applicants will be able to file adjustment applications before their priority dates become current, based on a new second chart in the Visa Bulletin listing when adjustment applications can be filed. This change is expected to be particularly significant for Chinese (EB-2), Indian (EB-2), and Philippines (EB-3) applicants, who have experienced large backlogs.