News & Analysis as of

I-485 Applications

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

by FordHarrison on

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

USCIS Announces I-485 Supplement J to Confirm Bona Fide Job Offers

by Morgan Lewis on

Supplement J (Confirmation of Bona Fide Job Offer or Request for Job Portability) is intended to enable USCIS to confirm that jobs offered to adjustment of status applicants in underlying I-140 petitions are bona fide job...more

Expansive New Rule for Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

by FordHarrison on

Effective yesterday, January 17, 2017, a new USCIS rule seeks to improve multiple employment-based temporary nonimmigrant and immigrant visa (“green card”) programs. The new regulations are designed to help U.S. employers...more

New USCIS Forms And USCIS Filing Fee Adjustment

On December 23, 2016, the USCIS posted a large number of new form versions with effective dates of December 23, 2016, to its website and indicated that no other versions of the forms would be accepted. Numerous stakeholders,...more

Reminder: USCIS Filing Fees Will Increase on December 23, 2016

by Littler on

Beginning on December 23, 2016, filing fees for many United States Citizen and Immigration Services (USCIS) visa petitions and applications will increase.  This is the first time since 2010 that USCIS has increased its filing...more

USCIS Increases Filing Fees Effective December 23, 2016

by Bond Schoeneck & King PLLC on

For the first time since November 2010, the filing fees for many of the petitions and applications filed with the U.S. Citizenship and Immigration Services (USCIS) will increase, effective December 23, 2016. All applications...more

U.S. Department of Homeland Security Issues Final Rule on Immigrant Visa Petition Retention and Program Improvements Affecting...

by Fisher Phillips on

On November 18, 2016, the Department of Homeland Security (DHS) issued its final rule in the Federal Register which addresses the retention and portability of high-skilled foreign workers. The new regulations, which take...more

Immigration Filing Fees to Increase in December 2016

by Baker Donelson on

On October 24, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that increased fees for most immigration applications and petitions will be effective December 23, 2016. The fees will increase by an average of...more

Immigration Update: USCIS Announces Filing Fee Increases

by Varnum LLP on

The U.S. Citizenship and Immigration (USCIS) published new fee schedule for immigration and naturalization benefit requests. The fee schedule was last adjusted on November 23, 2010. The rule is in effect for applications or...more

USCIS Filing Fee Increases Starting December 23, 2016

by Faegre Baker Daniels on

Any immigration applications or petitions to U.S. Citizenship and Immigration Services (USCIS) postmarked or filed on or after December 23, 2016, must include applicable increased fees or face rejection. Fee hikes average 21...more

Suggested Procedures and Possible Options for Accepting Minors as Investors in EB-5 Investment Funds

The delay in processing EB-5 immigrant visas caused by the increasing waiting line commonly referred to as “retrogression” is causing an increase in demand by parents in China to have their minor children named as the primary...more

Department of Homeland Security Now Accepting Comments on Its Proposed Filing Fee Increase

by Franczek Radelet P.C. on

Earlier this month, the Department of Homeland Security (DHS) issued notice of a proposed rule that would update the application fee schedule for U.S. Citizenship and Immigration Services (USCIS), noting an overall...more

USCIS Guidance on “Same or Similar” Occupations

by Baker Donelson on

USCIS has issued a new policy memorandum (PM) outlining relevant considerations in assessing whether a position qualifies as a “same or similar” occupation to the foreign national’s previously approved job for purposes of...more

Understanding the EB5 System

by Ronald Shapiro on

Congress created the EB-5 Program in 1990 to promote economic growth and job creation in the United States. This system allows immigrant entrepreneurs to apply for green cards in return for investing in a new commercial...more

The Department of Homeland Security offers important guidance relevant to foreign national job portability

by Franczek Radelet P.C. on

On November 20, 2015, the Department of Homeland Security ("DHS") issued a significant draft policy memorandum ("PM") containing proposed guidance on the definition of "same or similar" under INA Section 204(j), which is...more

October Visa Bulletin Changed Again by State Department

by Faegre Baker Daniels on

On September 25, 2015, the Department of State issued a revised October Visa Bulletin which limits the number of people who will be able to file I-485 applications on October 1. This revised bulletin supersedes the bulletin...more

USCIS Temporarily Suspends Adjudication of I-485s

USCIS announced on September 24, 2015 that it will: “suspend final adjudication of employment-based Form I-485 applications… because the Department of State reports that the statutory cap has been reached for the...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!

by Proskauer Rose LLP on

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

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

by Mintz Levin on

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

Dramatic Change to Visa Bulletin: Starting October USCIS Will Now Accept I-485 Filings for Certain Eligible Adjustment of Status...

by Faegre Baker Daniels on

On September 9, 2015, the Department of State (DOS) announced a major change in the content of the Visa Bulletin. This change will dramatically affect the way that I-485 adjustment of status applications can now be filed with...more

Significant Change to US Department of State Visa Bulletin

by Morgan Lewis on

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

Heavy Demand Results In Untimely Retrogression For EB-2 India

Employers and their attorneys monitor the U.S. Department of State (DOS) Visa Bulletin to determine when sponsored employees may file adjustment of status applications on Form I-485 (the last step in the permanent residence...more

Iowa Immigration Law Blog: Huge Leap for India EB2 in August

by Davis Brown Law Firm on

News travels fast, so you may have already heard that the waiting line for the EB2 (advance degree professional) category for India jumped from September 1, 2004, in July to January 1, 2008, for August....more

USCIS Issues Numerous Requests for Evidence on Pending I-485 Applications

by Morgan Lewis on

Identical requests on Adjustment of Status applications have been issued specifically to EB-2 applicants chargeable to India. On June 13, the U.S. Citizenship and Immigration Service (USCIS) began issuing a substantial...more

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