Over the last year, immigrant visas have gone back and forth between being available and retrogressing. There are still many unanswered questions as to what this situation means for Adjustment of Status applicants, but USCIS has finally provided some answers. Some of the most important information USCIS has released includes: What information can a regressed applicant expect to receive after their interview? So long as the officer determines that the Form I-485 would be approved […]Continue Reading
Unfortunately, some new H-1B petitions will not be accepted this year or might not get approved. I explore the options beyond the H-1B with my clients. But I’m so passionate about helping our clients achieve their immigration goals that I took the time to write a book about it. My book, Beyond the H-1B: A Guide to Work Visa Options for Employers, Foreign Nationals, and Graduating Students, is designed to help readers understand the most […]Continue Reading
Yes, ongoing delays and RFEs ahead for Form I-765, Application for Employment Authorization, as well as Form I-131, Application for Travel Document. As of September 2018, processing times at the National Benefits Center (NBC) for these forms were as follows: For I-765 applications based on pending I-485 adjustment of status applications: anywhere from 4.5 to 6.5 months. For all other I-765 applications for employment authorization: 5-7 months. For I-131 applications:5 to 6.5 months. For the […]Continue Reading
What Immigration-Related Questions Can Employers Ask During the Hiring Process?
Employers often ask me: “What pre-employment questions are permissible to ask to help me determine whether a prospective candidate requires immigration sponsorship?” Employers are prohibited from denying protected individuals employment because of their real or perceived immigration or citizenship status. Until recently, the following two questions were the only accepted questions for pre-hire screening: Are you authorized to work in the U.S.?; and Will you now or in the future require sponsorship for employment visa […]Continue Reading