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The EB-2 and EB-3, two employment-based visas, are the most sought-after visas.  This year, there were extra employment-based visas rolled over from unused family-based visas from the COVID-19 Pandemic due to worldwide embassy closures. EB-2 visas carry an advanced degree requirement, meaning the beneficiary must hold a US master’s degree or higher or its equivalent.  […]

In total, around 484,000 H-1B electronic registrations were submitted and 127,600 were selected in the lottery in March of 2022.  Those selected were invited to submit complete H-1B petitions.  USCIS selects a buffer number of extra registrations to account for those who opt to not submit petitions and those whose applications are denied.  Last year, […]

One of the main H-1B eligibility requirements is that beneficiaries hold a bachelor’s degree or higher or its equivalent in the field of the H-1B job.  However, highly skilled individuals often have non-traditional educational pathways and many qualified hires do not have any college credit at all. Does this mean no chance at a visa?  […]

While RFE rates have declined from recent highs, H-1B applicants are still running into trouble with regards to specialty occupation, wage level, and employer-employee relationship.  That is because these three eligibility requirements are still under attack with proposed rule changes to restrict them.  In the past, USCIS has been caught and convicted of illegally rejecting […]

Green Card processing is a long and frustrating process, notorious for excessive wait times that can last decades.  In 2021, only 65,452 family preference Green Cards were issued of the 226,000 available Green Cards.  In May of this year, the President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders recommended steps to USCIS […]

If you submitted an H-1B petition and have not received a response, you are not alone.  USCIS has announced they are experiencing backlogs and staffing shortages.  In an effort to move the adjudication process along, they will be transferring certain petitions from the Vermont Service Center to the California Service Center. In addition to processing […]

At the end of March, 115,217 of the over 300,000 H-1B electronic registrants were selected to file complete petitions by June 30, 2022.  That deadline is coming right up!  Don’t let the pressure stand in the way of filing an airtight petition that covers common approval issues which can lead to Denials, RFEs, and delayed […]

Whether you’re filing the initial H-1B petition or facing an education RFE, there are many cases in which the beneficiary will need to include a credential evaluation.  Here are some reasons why: No college or incomplete college Degree earned outside of the United States Degree is a three-year degree Generalized degree Degree in a major […]

Specialty occupation issues have triggered barriers to H-1B visa approval for about half of the past decade and continue to be a statutory target for restrictions on the H-1B program.  Beneficiaries, petitioners, and immigration attorneys have put countless hours of work into fighting back against these restrictions and holding USCIS accountable for illegally denying H-1B […]