"The combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of 4 the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), including an application for an extension of such status, shall be increased by $4,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are nonimmigrants described in section 101(a)(15)(L) of such Act." By contrast, the section on the L-1 fee increase counts both H-1B and L-1 nonimmigrants: "the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including an application for an extension of such status, shall be increased by $4,500 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are nonimmigrants admitted pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15) of such Act."

 

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.

As you may know, it may be only a matter of time before approved I-140 petitions are eligible for an EAD. In early November, a Department of Homeland Security memo was leaked, revealing possible plans to issueEADs to I-140 holders. A few weeks later, the Department of Homeland Security submitted a proposal titled “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers” to the Office of Management and Budget for preliminary review. 

Although we will not know the specifics of the proposed rule until it is published, the rule summarizes that it will provide “needed stability and flexibility to certain employment-based immigrants while they wait to become lawful permanent residents. These amendments would support U.S. employers by better enabling them to hire and retain highly skilled and other foreign workers.” 

The rule summary indicates that it is quite possible that an I-140 EAD may exist in the near future. 

To prepare for a potential I-140 EAD, we suggest the following:

1. If you have not already filed for a permanent labor application, begin conducting the necessary steps to apply for one. This includes obtaining a copy of your Birth Certificate, which often creates problems for many of our clients. We recommendthat you get the birth certificate right now from the appropriate authorities.

2. If you are unable to get the same please follow the directions given to you at this link.http://rnlawgroup.com/news/240-i-do-not-have-my-birth-certificate-what-do-i-do-to-file-adjustment-of-status-485

3. If you have filed for a permanent labor application or I-140, do not switch jobs unless you absolutely must. This is toensure that you will not have to restart the green card process and will be able to take advantage of the I-140 EAD if it comes to fruition.

  

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.

I am sad to share this news about the visa bulletin. A new bulletin has been issued for October and the filing dates have changed. We need to fight this!! Stay tuned for how:

Immigrant Numbers for October 2015

Revised September 25, 2015 

This bulletin supersedes the bulletin for October 2015 that was originally published on September 9, 2015, and contained Dates for Filing Applications long used by the Department of State for internal processing purposes. Following consultations with the Department of Homeland Security (DHS), the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process. The Dates for Filing Applications sections (sections 4.B. and 5.B.) which have been adjusted have been identified in Bold type.

Please be advised that DHS will rely on this revised bulletin, rather than the bulletin published on September 9, 2015, when considering whether an individual is eligible to file an application for adjustment of status.

 

Daily Conference call schedule; Dial in to ask immigration related questions.

Conference dial-in number: (641) 715-3640 Participant access code: 977835

 

September 24th at 11:30 AM (Central time) and at 3:30 PM (Central time) (Lasts 30 minutes)

September 25th at 11:30 AM (Central time) and at 3:30 PM (Central time (Lasts 30 minutes)

 

September 28th at 11:30 AM (Central time) and at 3:30 PM (Central time (Lasts 30 minutes)

September 29th at 11:30 AM (Central time) and at 3:30 PM (Central time (Lasts 30 minutes)

September 30th at 11:30 AM (Central time) and at 3:30 PM (Central time (Lasts 30 minutes)

October 1st at 11:30 AM (Central time) and at 3:30 PM (Central time (Lasts 30 minutes)

October 2nd at 11:30 AM (Central time) and at 3:30 PM (Central time (Lasts 30 minutes)

 

October 5th at 3:30 PM (Central time) (expected to last 30 minutes)

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October 12th at 3:30 PM (Central time) (expected to last 30 minutes)

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October 19th at 3:30 PM (Central time) (expected to last 30 minutes)

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October 21st at 3:30 PM (Central time) (expected to last 30 minutes)

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October 23rd at 3:30 PM (Central time) (expected to last 30 minutes)

 

October 26th at 3:30 PM (Central time) (expected to last 30 minutes)

October 27th at 11:30 AM (Central time) (expected to last 30 minutes)

October 28th at 3:30 PM (Central time) (expected to last 30 minutes)

October 29th at 11:30 AM (Central time) (expected to last 30 minutes)

October 30th at 3:30 PM (Central time) (expected to last 30 minutes)

 

November 2nd at 3:30 PM (Central time) (expected to last 30 minutes)

November 3rd  at 11:30 AM (Central time) (expected to last 30 minutes)

November 4th  at 3:30 PM (Central time) (expected to last 30 minutes)

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November 9th  at 3:30 PM (Central time) (expected to last 30 minutes)

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November 11th  at 3:30 PM (Central time) (expected to last 30 minutes)

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November 16th  at 3:30 PM (Central time) (expected to last 30 minutes)

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November 24th  at 11:30 AM (Central time) (expected to last 30 minutes)

November 25th  at 3:30 PM (Central time) (expected to last 30 minutes)

 

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Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.

As anticipated in our article last week, the visa bulletin now contains both an “acceptance” date and an “approval” date. The “acceptance” cut-off date sets the date for when an application may be filed, while the “approval” cut-off date regulates when a green card application may be approved. The approval dates will function in the same way as the previous cut-off dates, and can be found in the section of the bulletin titled “Application Final Action Dates”.  

 For example, unfortunately, the dates for EB-2 India have gone back to May 1, 2005. However, those with a priority date before July 1, 2011 will be eligible to file a I-485 application on October 1, 2015. This change will allow applicants to take advantage of many benefits in the meantime, including the ability to obtain employment authorization documents and advance parole.

Please refer to the chart below to see if you will be eligible to file a I-485 application next month. The letter “C” indicates that the category is current, and that applications may be filed regardless of priority date. If a date is listed, then only applicants with a priority date prior to the date listed may file their application.

*If you are now entitled to file a I-485 application, please see our recent posting titled I-140 Approved – What Should I Do When My Priority Date Is Current?. Some documents may be difficult to obtain, so it is important to begin the process as soon as possible.

 

Employment-
Based

All Chargeability
Areas Except
Those Listed

CHINA-
mainland
born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

01MAY14

01JUL11

C

C

3rd

01SEP15

01OCT13

01JUL05

01SEP15

01JAN15

 

Reddy & Neumann, P.C. is an immigration law firm in Houston, Texas. For over 15 years, our firm has successfully represented corporate clients across the United States in their efforts to bring foreign workers and business professionals to the United States. Reddy & Neumann, P.C. is highly experienced in working with employment-based visas, adjustment of status, green cards, and PERM labor certification. From filing, through approval, and on to appeal, we do everything possible to ensure that your company can bring the best and brightest in the world to the United States.