A Look at STEM-Related Petition Trends in EB-2 and O-1A Categories (FY 2018 – FY 2023)

The landscape of U.S. immigration for STEM (science, technology, engineering, and mathematics) professionals has seen significant changes in recent years. In January 2022, U.S. Citizenship and Immigration Services (USCIS) revised its policy guidance, impacting two key visa categories: the EB-2 National Interest Waiver (NIW) and the O-1A nonimmigrant status for individuals of extraordinary...

Visa Bulletin Update FY 2024

February 2024 USCIS determined that for November 2023, applicants in all family-sponsored preference categories and all employment-based preference categories must use the Dates for Filing chart. The most notable change is in the F2A category, where the final action dates for most countries moved forward from November 2019 to February 2020. Categories in the employment-based preferences remained...

USCIS’ Review of an Employer’s Ability to Pay is No Longer Rigid and More Comprehensive

USCIS issued policy guidance to allow a more flexible review of whether or not an employer has demonstrated its ability to pay the proffered wage from the priority date. This is a huge relief to many employers whose ability may not be evident on a tax return but has other financial documents such as credit limit/bank lines to more than cover the wage commitment to the beneficiary.

Visa Bulletin Update FY 2023

September 2023 September 2023 Visa Bulletin Highlights Family-Sponsored Second Preference (F2A) Retrogression: A significant update has been made regarding the F2A category. A cutoff date of 09/01/2023 has been assigned to the dates of filing chart. This indicates that I-485 based on F2A should be filed within this month, August 2023. Steady Employment-Based Number Use: Employment-based number...

USCIS No Longer Recognizes ACICS-Accredited Schools Impacting Some STEM OPT, H-1B and I-140

On August 19, 2022, the US Department of Education no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. On November 1, 2022, USCIS announced how the loss of recognition will impact certain immigration benefit applicants. Students from impacted schools should contact their DSO immediately and discuss how to maintain their status....

USCIS Expands Premium Processing to I-140 EB1 (EB1-C) and I-140 EB-2 (NIW)

Update Post, January 12, 2023 Starting January 30, 2023, premium processing will be available to new and pending: -E13 multinational executive/manager petitions. I-140 (NIW) -E21 NIW petitions no more phased expansion of premium processing. I-140 (EB-1C) Update Post, September 16, 2022 USCIS continues to expand premium processing for certain petitioners who have a pending Form I-140, Immigrant...