Adjustment of Status

News & Analysis as of

Department of State Releases February 2016 Visa Bulletin

Employment-based adjustment of status applicants must file using the Application Final Action Dates chart. The US Department of State (DOS) has released its February 2016 Visa Bulletin. The Visa Bulletin sets out...more

Adeus, Brasil - Parte 1

Considerações estratégicas para profissionais e donos de empresas que desejam imigrar para os Estados Unidos. Descrição geral - Sou um advogado americano e concluí os cursos de espanhol e português na Academia...more

Migration Advisory Committee Announces Proposed Changes to Tier 2

The Migration Advisory Committee (“MAC”) has published its recommendations following an in-depth review of Tier 2, which is the primary route for economic migration to the UK. The MAC is an independent advisory body...more

DHS Issues Proposed Rule for Changes to Employment of High-Skilled Foreign Workers

On December 30, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning employment-based visa programs for high-skilled workers. The notice is published in the December...more

Department of State Releases January 2016 Visa Bulletin

Employment-based adjustment of status applicants must file using the Application Final Action Dates chart. The US Department of State (DOS) has released its January 2016 Visa Bulletin. The Visa Bulletin sets out...more

International Travel Tips for Foreign Nationals

Foreign nationals who plan to travel abroad during the upcoming holiday season should make sure that they have the requisite immigration documents and instructions before they depart and reenter the United States. Before...more

Latest USCIS Procedural Changes Add Delays and Uncertainty to Green Card Application Filing

The United States Citizenship and Immigration Services (USCIS) has again revised its procedures for determining whether foreign national applicants waiting to file their employment-based or family-sponsored preference...more

You Down with OPT? DHS Proposes Longer Post-Graduate Work Authorization for STEM Graduates, with a Catch

Last week, the Department of Homeland Security (DHS) issued a proposed rule that would amend its F-1 nonimmigrant student visa regulations regarding optional practical training (OPT) for students with higher education degrees...more

DHS Proposes New Rule for STEM OPT Extension

New rule would extend STEM optional practical training to 24 months. On October 19, the US Department of Homeland Security (DHS) published a proposed rule in the Federal Register to amend its F-1 nonimmigrant student...more

US Department of State Issues November 2015 Visa Bulletin

The new bulletin shows no movement in filing date cutoffs and little movement in approval date cutoffs for those chargeable to India and China. The November 2015 Visa Bulletin shows little change from the October 2015...more

USCIS Announces New System for Confirming Filing Eligibility for Adjustment of Status Applicants

In accordance with significant procedural revisions announced in September and implemented by the Department of State (DOS) with the publication of the revised October 2015 Visa Bulletin, U.S. Citizenship and Immigration...more

USCIS Issues Further Guidance on the New Filing Date Visa Bulletin

In September, USCIS announced that some individuals would be eligible to file adjustment of status applications following a separate Dates for Filing Visa Applications (“filing date”) chart. This chart differed from the...more

2017 Diversity Visa Lottery Registration Begins Today

On October 1, 2015, the US Department of State will begin accepting requests to register for the 2017 Diversity Immigrant Visa Program (DV-2017), also known as the Green Card Lottery. The Diversity Lottery Program provides a...more

Employers Must Withhold FICA Taxes for Students who Change Status to H-1B Starting October 1

As students and scholars’ status change from F-1, J-1 or other FICA exempt statuses to H-1B starting October 1, these employees will become subject to FICA taxes upon the effective date of their H-1B status....more

USCIS Halts Processing of Employment-Based Adjustment Applications Until October 1

The U.S. Department of State reports that the statutory cap for employment-based preference categories for fiscal year (FY) 2015 has been reached. The federal government’s fiscal year runs from October 1 to September 30....more

US Department of State Reissues October Visa Bulletin

The previously announced filing date cut-offs have been rolled back significantly. On September 25, the US Department of State issued a revised October Visa Bulletin that contains new and earlier filing cut-off dates...more

Not So Fast! Department of State Releases Updated Visa Bulletin for October 2015

Earlier this month, USCIS, in coordination with the Department of State (“DOS”), announced that it was revising the procedures for determining visa availability for applicants waiting to file for employment-based or...more

USCIS Suspends Final Adjudication of Employment-Based Adjustment Applications Until October 1, 2015

Effective September 24, 2015, USCIS will suspend final adjudication of employment-based Adjustment of Status Applications. Cited as the reason is the Department of State’s report that the statutory cap has been reached for...more

USCIS To Accept Certain I-485/AOS Applications Before Priority Date Becomes Current

Exciting news from U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) this week. The agencies announced that beginning with the visa bulletin effective October 1, 2015, USCIS will accept for...more

Visa Bulletin Revised: New System Allows for Filing of Applications for Adjustment of Status (Form I-485) Sooner!

On Wednesday, September 9, 2015, United States Citizenship and Immigration Services (USCIS), in coordination with the Department of State (DOS), announced that it was "revising the procedures for determining visa availability...more

Department of State Releases October 2015 Visa Bulletin

A new category of “filing” cutoff dates has been introduced to allow for earlier filing of adjustment of status applications and immigrant visa applications. The US Department of State (DOS) has released its October 2015...more

USCIS To Accept Certain I-485 Applications Before Priority Date Becomes Current

U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) announced that beginning with the visa bulletin effective October 1, 2015, USCIS will accept for filing I-485 applications to adjust status...more

Significant Change to US Department of State Visa Bulletin

New class of cut-off dates to be created. According to multiple reliable sources, the US Department of State (State Department) is in the process of reengineering its system for determining immigrant visa availability...more

Department of State Releases August 2015 Visa Bulletin

Cutoff dates for EB-3 Philippines available, but backlogged to 2004. Cutoff dates for EB-3 China backlogged to 2004, while cutoff dates for Mexico and the rest of the world advance by three and a half months. Cutoff dates for...more

BIA Holds Pending Extension of Non-Immigrant Status, Maintains Lawful Status

The Board of Immigration Appeals (BIA) issued a decision in Matter of Norra finding that applicants for adjustment of status maintained lawful status while their applications for extension of the non-immigrant visa were...more

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