Articles Posted in News

by

Now that 2025 is in full swing, in this video, we will discuss our predictions for visa availability for employment-based and family-sponsored preference categories, based on historical patterns and statistical information from the past year.

If you are waiting for your priority date to become current on the Visa Bulletin and want to know when your immigrant visa might be issued, you won’t want to miss this video.

Overview

Each year, the availability of immigrant numbers for employment-based preference immigrants is calculated based on Section 201 of the Immigration and Nationality Act (INA).

For FY 2024, the annual numerical limit for family sponsored immigrant visas was 226,000. Of these visas, only about 170,000 visas were actually allocated and issued to family sponsored immigrants. Approximately 58,000 visas were left unused in fiscal year 2024 due to country specific backlogs and scheduling delays.

That leaves a substantial number of unused family visa numbers that can potentially be transferred to employment-based visas in fiscal year 2025.

It is important to note that for fiscal year 2024, the Department of State determined that the employment-based annual limit would be 160,791, due to unused family-sponsored visa numbers from fiscal year 2023 being added to the employment-based limit for fiscal year 2024.

Continue reading

by

In this video, attorney Jacob Sapochnick discusses an interesting situation that can occur when the U.S. Citizenship and Immigration Services (USCIS) issues a green card by mistake.

Learn what can happen in this situation and the steps you need to take to inform USCIS of the mistake, so that it does not cause complications for you down the road.

Overview

You might be wondering, how is it possible for a green card to be issued by the U.S. Citizenship and Immigration Services (USCIS) by mistake? Although this is not a common occurrence, there are situations where an administrative or clerical error, can lead USCIS to issue a green card before an applicant is eligible to receive one, or before a green card is available.

It is important for you to understand that receiving a green card in error can have serious immigration consequences. Those who fail to take action to correct or remedy the mistake within a reasonable time can lose their ability to apply for U.S. Citizenship or even jeopardize their green card status.

How Does This Occur?

Green Card Issued Before a Priority Date is Current

Under U.S. immigration law, except for immediate relatives of U.S. Citizens, there are annual numerical limits on the number of green cards that can be issued to green card applicants. This applies to both employment-based and family-sponsored applicants. Due to these numerical limitations, the majority of green card applicants must wait their place in line until a green card is available to them. Only once an applicant has reached the front of the line (their priority date becomes current for final action on the Visa Bulletin), can they be eligible to receive a green card.

To know when a priority date is current for final action, applicants must regularly review the Department of State’s Visa Bulletin. A green card applicant’s priority date can be located on the I-130 or I-140 Form I-797 Notice of Action. The priority date generally falls on the date when the I-130 or I-140 immigrant petition was filed with USCIS. This date will determine your place in line in the green card queue.

Continue reading

by

In recent months, President elect Donald Trump pledged to end birthright citizenship – a right that is protected by the 14th amendment.

In this video, Jacob Sapochnick answers an important question, can he really do it?

Keep on watching this video to learn more.

Overview

Donald Trump made national headlines during a recent interview with NBC news where he suggested he would end birthright citizenship with the passage of an executive order.

In his interview, he told the media, “We’re gonna have to get it changed, or maybe I would go back to the people, but we have to end it. We’re the only country that has it…I was going to do it through executive action…”

The Trump team is also reportedly seeking to crack down on birth tourism, a phenomenon, where expecting mothers travel to the United States to give birth for the purpose of obtaining U.S. Citizenship for their child.

What is Birthright Citizenship?

Birthright citizenship means that any person born on U.S. soil automatically becomes a U.S. Citizen. This right is enshrined in the 14th amendment of the U.S. Constitution

Interpretation of the 14th Amendment

Trump allies believe that the 14th amendment has been misinterpreted and does not apply to children born in the United States to undocumented parents. They also take the position that birthright citizenship does not apply to noncitizens entering the country on temporary visas like B1/B2 to give birth.

Continue reading

by

The Department of Homeland Security (DHS) recently published a final rule in the Federal Register aimed at modernizing the H-1B and H-2 work visa programs.

In this video, attorney Jacob Sapochnick shares the ways in which the final rule will impact H-1B workers, H2 workers, and their employers. In general, these changes will make it easier for H-1B workers to obtain visa renewals in the new year and will prevent workplace interruptions for F-1 international students seeking to change their status to H-1B.

The final rule impacting H-2 temporary workers will allow U.S. companies to hire seasonal workers more quickly and more efficiently than ever before.

H-1B Final Rule Highlights

  • Modernizes the definition and criteria for H-1B specialty occupations
  • Introduces cap-gap protections for F-1 students seeking a change of status to H-1B
  • Streamlines the processing of applications for individuals who were previously approved for an H-1B visa
  • Allows H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to certain conditions
  • Clarifies that employers must have a legal presence in the United States

Continue reading

by

Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the January 2025 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of January.

USCIS Adjustment of Status

For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.

Highlights of the January 2025 Visa Bulletin

At a Glance 

What can we expect to see in January 2025?

Employment-Based Categories

Dates for Filing

  • No change from previous month 

Final Action Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by two months to October 1, 2012
  • EB-2 China will advance by one month to April 22, 2020
  • EB-2 All other countries will advance by two weeks to April 1, 2023

Continue reading

by

 What will Trump’s immigration policies look like during his second term? In this video, attorney Jacob Sapochnick breaks down what families need to know before he takes office.

You will learn all about the upcoming changes that may impact family-based immigration, and how his policies may slow down the processing of immigrant visas at U.S. Embassies and Consulates abroad.

This information is based on the Trump administration’s campaign promises, and actions taken during his first term in office. While we do not know for certain what is to come, applicants should expect a departure from the Biden administration’s immigration policies.

Overview

Looking back on President Trump’s first term in office, his administration issued far-reaching executive actions on immigration. From Muslim travel bans to an overhaul of the public charge rule, the immigration process became much more restrictive.

Many of these executive actions and policy changes may be reinstated during his first 100 days in office, causing more headaches for family-based immigrants.

Here are some of the changes that may be expected from the Trump administration.

Return of the Public Charge Rule for Green Card and Immigrant Visa Applicants

To obtain a green card or immigrant visa, applicants must demonstrate that they are not likely to become a “public charge” on the U.S. government. A person who is likely to depend on government assistance for their basic needs is deemed a “public charge.”

In 2019, the Trump administration expanded the criteria used by USCIS and Consular officials to determine whether an immigrant is likely to become a public charge. Under Trump’s public charge rule, the use of public benefits (such as food stamps, Medicaid, and Section 8 housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants receiving these benefits to obtain a green card.

The Trump administration also required USCIS and Consular officers to weigh several factors when making a public charge determination, including the applicant’s age, health, family status, assets, resources, financial status, education, and skills.

Proof of Personal Financial Resources

To make matters worse, Trump’s public charge rule also required green card applicants to show proof of personal financial resources.

Continue reading

by

President Trump will soon return to the White House, bringing with him many changes in the world of immigration.

In this video, attorney Jacob Sapochnick shares the ways in which the Trump administration will impact the processing at visas U.S. Consulates and Embassies worldwide, including immigrant and non-immigrant visas.

This video also covers the latest updates regarding the operational capacity of U.S. Consular posts and Embassies as of November 2024.

If you are currently waiting in line for a visa interview at a U.S. Consulate or Embassy abroad, you won’t want to miss this video.

Overview

President Trump will settle into the White House on January 20, 2024, bringing with him new appointments to cabinet level positions. His pick for Secretary of State is likely to be the Republican Marco Rubio, a known conservative who supports legal immigration and a crackdown on illegal immigration.

Nonimmigrant visa applicants may face new restrictions when applying at U.S. Consulates and Embassies. During the previous Trump administration, work visa applicants were under much heavier scrutiny than ever before. H-1B, O-1, L-1, and J visa applicants found it much more difficult to obtain approvals both at the USCIS and Consular level.

These challenges existed even for applicants seeking extensions of their work visa.

To avoid being subject to greater scrutiny, applicants should file their cases as soon as possible. If premium processing service is available for your petition, take advantage of it.

Continue reading

by

Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the December 2024 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of December.

USCIS Adjustment of Status

For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.

Highlights of the December 2024 Visa Bulletin

At a Glance 

What can we expect to see in the month of December?

Employment-Based Categories

  • The Final Action Date for India EB-2 will advance by two weeks to August 1, 2012
  • The Final Action Date for India EB-3 will advance by one week to November 8, 2012
  • All other employment-based Final Action Dates and Dates for Filing will remain the same in December as the previous month

Family-Sponsored Categories

  • All family-sponsored Final Action Dates and Dates for Filing will remain the same in December as the previous month

For more details, please see our analysis of the December 2024 Visa bulletin below.

Continue reading

by

The American people have spoken. Donald Trump will return to the White House on January 20, 2025, becoming the next President of the United States.

This past month, the Trump administration has been busy laying the groundwork to implement stricter border policy measures, strike-down Biden-era immigration policies, and put in motion the large-scale deportation of undocumented immigrants.

But how could a Trump presidency impact legal immigration?

In this video, attorney Jacob Sapochnick explains what we can expect to see from the incoming Trump administration, with a specific focus on the changes that could impact business immigration law. You will learn about the five major changes that employers and foreign workers should consider in the months ahead.

If you’re an employer looking to hire foreign talent, or are actively employing foreign workers, then you won’t want to miss this video. If you’re a foreign worker going through the visa process, or thinking of applying for a visa, we will share with you the insider information you need to know to ensure your process is successful.

Want to know more? Just keep on watching

Overview

The Trump administration’s immigration policies are expected to impact workers in all industries. Individuals close to the President elect have revealed that they are preparing executive actions on immigration to be rolled out soon after Trump takes office in January.

Here are the top five ways that Trump’s immigration policies will impact business immigration.

#1 The Use of Executive Orders

During his first term in office, Donald Trump relied heavily on executive orders to bring about far-reaching changes in immigration policy, including his notorious “Muslim travel ban.”

As you may recall, in 2017 President Trump signed an executive order banning people from six Muslim-majority countries, from entering the United States for a period of 90 days. These countries were Iran, Iraq, Libya, Somalia, Syria, and Yemen.

The executive order prevented nationals from entering, even if they held visas to travel to the United States, causing wide-spread family separation for those seeking to be reunited with their spouses, parents, and children in the United States.

Upon taking office, we expect President Trump to issue a series of executive orders that will restrict the admission of certain foreign nationals to the United States and codify his hardline immigration policies.

Continue reading

by

The aftermath of the presidential election has sent shockwaves throughout the immigrant community.

In just 70 days, Donald Trump is set to become the next President of the United States. That means that major changes are coming to immigration law and policy.

In this video attorney Jacob Sapochnick explains what Trump’s victory means for immigration, including his promise to execute mass deportations throughout the United States, as well as other controversial immigration policies that he is expected to implement when he takes office on January 20, 2025.

Want to know more? Just keep on watching

Overview

Mass Deportations

Throughout his campaign, Trump has called for mass deportations nationwide which he has said will be the “largest deportation effort in American history. “

It is said that his advisors are discussing whether they can declare a “national emergency,” to allow the government to call upon military officials to detain and remove undocumented migrant gang members from the United States. His campaign has also suggested ending sanctuary cities to remove suspected criminals, including drug dealers and cartel members from the population.

His promises also include hiring thousands of border patrol agents to secure the southern border to deter illegal immigration.

Trump’s Top Five Policies Targeting Immigration Law

The following are the top 5 areas where Trump’s policies will have the greatest impact in the lives of immigrants in the United States.

Immigrants should understand the potential challenges they could face under the Trump administration and consult with an experienced immigration attorney to create a plan of action in the months ahead. It is important to do so as soon as possible, because sensitive cases may call for immediate action before Trump is inaugurated.

#1 Asylum Restrictions

During Trump’s presidency in 2017, his administration was responsible for implementing widespread asylum restrictions. It is likely that his administration will re-implement many of his previous immigration policies, which limit asylum applications.

His policies are also likely to restrict asylum applications at the border, as they did during his first term in office.

Examples of Asylum Restrictions:

In 2020, the Trump administration published 7 final rules in the Federal Register to:

Continue reading