The May 2015 Visa Bulletin indicates that EB-2 China priority dates will advance by fourteen months to June 1, 2012 and EB-2 India priority dates will advance by more than seven months to April 15, 2008. EB-3 China priority dates will advance by four months to May 1, 2011, while EB-3 India priority dates will only see an advancement of one week to January 15, 2004. The May 2015 Visa Bulletin further shows that the EB-5 China category will retrogress to May 1, 2013. EB-3 Ph
USCIS issued an announcement stating that it will begin adjudicating H-1B cap petitions filed with Premium Processing Service on April 27, 2015. Premium Processing Service provides for certain employment-based petitions to be adjudicated within 15 calendar days of receipt by the government. During the H-1B cap filing period, however, USCIS commonly adjusts its Premium Processing Service to accommodate for the volume of submissions. Based on the USCIS announcement, H-1B cap
USCIS announced it has completed the computer-generated lottery process for randomly selecting H-1B cap petitions that will receive a visa number for the 2016 fiscal year. The government received nearly 233,000 H-1B cap petitions for the annual numerical quota of 65,000 visas for individuals holding a bachelor's degree or higher (or its equivalent) and 20,000 for individuals holding an advanced degree from a qualifying United States university, college or educational institu
The AAO has issued a precedential decision (Matter of Leacheng International, Inc.) holding that for purposes of the multinational manager or executive classification, a petitioner may demonstrate that it has been “doing business” by showing that it has provided goods or services in a regular, systematic and continuous manner to related companies within its multinational organization. The AAO’s holding rejected the notion that a petitioning company must be engaged in busines
The AAO has issued a precedential decision (Matter of Simeio Solutions, LLC) finding that a change in work location outside of the Metropolitan Statistical Area (MSA) covered by the Labor Condition Application (LCA) submitted with the initial H-1B petition is a material change in employment. Based on this holding, employers must now secure a new certified LCA and file an amended or new H-1B petition with USCIS when an H-1B worker moves to a work location outside of the MSA s
For the third consecutive year, USCIS has reached the congressionally mandated H-1B numerical cap within the first five business days of April - the earliest eligible filing period. As a result, employers are not able to submit any further cap-subject H-1B petitions until April 1, 2016. Under current law, 65,000 H-1B visas are available each fiscal year to individuals who possess a bachelor's degree, or the equivalent, and will be working in a related specialty occupation.