Visas Adjustment of Status

News & Analysis as of

Department of Homeland Security Proposes USCIS Fee Increases

The United States Department of Homeland Security (DHS) has proposed increasing the fees that United States Citizenship and Immigration Services (USCIS) charges for certain immigration and naturalization filings. The proposal...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

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 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

Department of State Releases May 2014 Visa Bulletin

Bulletin shows minor forward movement in the EB-2 China category and the EB-3 India category, with no movement in the EB-2 India category or the EB-3 China category. The U.S. Department of State (DOS) has released its...more

Department of State Releases March 2014 Visa Bulletin

Bulletin shows minor to moderate advancement of cutoff dates in all EB-2 and EB-3 categories, with the exception of EB-2 India, which will remain unchanged. The U.S. Department of State (DOS) has released its March...more

Department of State Releases January 2014 Visa Bulletin

Bulletin shows no movement of cutoff dates for individuals born in India in the EB-2 and EB-3 preference categories; the cutoff date for individuals born in China in the EB-3 category continues to move ahead of the EB-2...more

Update: Employment-Based Immigrant Visa Numbers and Priority Date Cutoffs

Department of State’s Visa Office comments on demand in the employment-based immigrant visa categories, indicating an early retrogression of the cutoff date for EB-2 India. Charles Oppenheim, Chief of the Visa Control...more

Department of State Releases December 2013 Visa Bulletin

Bulletin shows severe retrogression of the cutoff date for individuals born in India in the employment-based second preference category and continued advancement of the cutoff date for individuals born in China in the...more

Florida DMV Will Not Accept Immigration Documents Based on Same-Sex Marriage

Part of the driver license application process in Florida involves proving lawful status in the U.S. There are many documents or sets of documents an applicant can provide to the Florida Department of Motor Vehicles (DMV) to...more

Department of State Releases October 2013 Visa Bulletin

There is no significant movement in cutoff dates in the employment-based categories; spouses and children of permanent resident family-based sponsors no longer remain current. The U.S. Department of State (DOS) has...more

Department of State Releases September 2013 Visa Bulletin

EB-3 category for individuals from most countries advances significantly, and EB-2 category for individuals from India advances by five-and-a-half months. The U.S. Department of State (DOS) has released its September...more

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