Immigration Blog

H-1B’s are Going, Going, Gone!

If you have been keeping up with my H-1B cap updates, you know that this year new H-1B Visas have been used up at an accelerated rate.  Just yesterday, USCIS announced that the 65,000 H-1B cap for FY 2013 had been reached and that it would be rejecting all petitions received after June 11.  The 20,000 master’s exemption cap was also reached.  This is a good sign of economy recovery but also a sign that […]

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DOS Makes Big Plans for Brazil

The Department of State has committed to opening two new consulates in Brazil. Locations in Belo Horizante and Porto Alegre will join the existing consulates in Brasilia, Rio de Janeiro, Recife and Sao Paulo to serve the millions of Americans and Brazilians who require consular services each year. The DOS has also sent more consular officers to the country in order to process the visa demand. Currently, Brazil is ranked fourth in terms of overseas […]

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China-Mainland Born and India EB-2 Retrogression

The demand for China and India Employment Second preference numbers has increased and the priority date has been retrogressed to August 15, 2007.  The DOS has indicated that every effort will be made to return that cut-off date to the previously announced date of May 1, 2010.  EB-2 Visa applicants processing in April at consulates abroad will still receive visas, as those numbers were allocated before the cut-off date was established.   Once the immigrant visa […]

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Legally Married Same Sex Couples File Suit Over Denial of Spousal Immigration Benefits

The suit alleges violations of the Defense of Marriage Act and Equal Protection Rights. A 1996 immigration law prevents the government from recognizing same sex marriages and all of the benefits derived from a legal marriage, including a pathway to legal permanent residence via spousal relationship. This is an evolving area of law. To read the preliminary statement filed by the plaintiffs, click here.

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Early Planning Needed for London’s Filing

The summer months are usually very busy at any U.S. embassy or consulate, and this summer the London Embassy’s operations will certainly be busy because of the 2012 Summer Olympics.  The U.S. Embassy in London issued a notification advising that visa services will be limited during July and August for all nonimmigrant visa categories. The embassy encourages applicants “to apply for visas during the spring and early summer as appointment availability cannot be guaranteed.” They […]

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USCIS Aims to Reduce Family Separation Time

USCIS  issued a notice to reduce the time U.S. citizens are separated from their immediate family members when they have to exit the U.S. to process a waiver of indamissibility  to apply to obtain legal permanent residency.   Currently, immediate relatives of U.S. citizens who have accrued unlawful presence in the U.S. and need to apply for a waiver of inadmissibility must leave the country and wait outside of the U.S. for months and sometimes years […]

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