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The U.S. Citizenship and Immigration Service (USCIS) has issued a memorandum adopting the AAO decision in Matter of A-T-, Inc. and establishing policy guidance which will apply to and bind all USCIS adjudicators. USCIS clarifies that in order to be able to qualify for an H-1B cap exemption based on a U.S. master’s or higher degree, the institution which has awarded such degree must have qualified as a “United States institution of higher education”, or to be accredited, at the time the beneficiary’s degree was earned and not at the time of adjudication […]
Employment-Based Preference Categories. Increased demand across the employment based preferences, including EB-4 and EB-5, has significantly decreased the “otherwise unused numbers” which have traditionally trickled up to EB-1 and potentially down to EB-2. For example, in FY 2016, Special Immigrant Juvenile cases used more than 50% of the entire EB-4 annual limit, thus preventing many of those 5,200 numbers to potentially become available for use by EB-1 applicants. This, together with high EB-1 Worldwide demand, has contributed to a situation where EB-1 India and EB-1 China now have a final action cut-off date, and in […]
Many of our clients and readers are already aware of the move by U.S. Citizenship and Immigration Service (“USCIS”) to issue what are hundreds, or perhaps even thousands, of very similar, if not identical, requests for evidence (“RFE”) on pending employment-based Form I-485, Application to Adjust Status, cases. Our office has been receiving such RFEs and we have been hearing from readers and clients who have also been affected by this large-scale RFE event. We have seen similar RFE flood waves in the past and many EB-2 and EB-3 India applicants may have seen […]
The U.S. State Department has just released the June 2017 Visa Bulletin which is the ninth Visa Bulletin for the FY2017 fiscal year. The headline in the upcoming month’s Visa Bulletin is introduction of a cutoff date for EB-1 India and EB-1 China. Because this cutoff date may remain in effect for the next several months, we call on all EB-1 India and EB-1 China applicants who are eligible but have not filed I-485s to do so before the end of May 2017.