Chart for all Employment - Based I-485 Pending Inventory
All Employment-Based I-485 Inventory pending at the Service Centers and Field Offices as of 01/3/ 2013
All Employment-Based I-485 Inventory pending at the Service Centers and Field Offices as of 01/3/ 2013
U.S. embassies and consulates are sometimes forced to limit or, at times, suspend visa services because of natural disasters, civil unrest, war, and/or security concerns, among other reasons. The list below notes the U.S. embassies and consulates that currently provide limited visa services, locations where visa services are suspended, and countries that do not have U.S. embassies or consulates.
The list below does not include the following:
IMMIGRATION INNOVATION (I2) ACT OF 2013
ORRIN HATCH (R-UTAH), AMY KLOBUCHAR (D-MINN.), MARCO RUBIO (R-FLA.), CHRIS COONS (D-DEL.)
Employment-Based Nonimmigrant H-1B Visas
1. Increase H-1B cap from 65,000 to 115,000
2. Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)
We filed an ETA 9089 Labor Certification and included a requirement of a Master’s degree. The job required no employment experience, but did require hands-on work in a university research laboratory with particular equipment. DOL denied the application, stating that training and experience requirements were in place that exceeded the employer’s true minimum requirements. We responded with an MTR/Appeal asserting that this was not an appropriate ground for denial and that no formal training was required or available in these technologies.
We filed an I-140 application in which the beneficiary was no longer working for the employer and was living outside the U.S. We included fairly standard supporting documents. To show the employer’s ability to pay the offered wage, we submitted federal tax returns and a W-2 from the preceding year. To show the beneficiary’s qualifications, we submitted a copy of his degree and affidavits from previous supervisors and co-workers with supporting documents.
We filed an H-1 application for a Bonsai Nursery/Facility Manager. USCIS issued a Request for Evidence (RFE) challenging whether or not a specific Bachelor’s level education is required for this position. We filed a detailed response, with voluminous evidence the specialized nature of the job. We urged USCIS to consider the merits of the job description and what it would take to perform the job. We argued job titles alone are not dispositive of the nature of a job.
USCIS approved the application.
Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system.
As of 27 April 2012 count, USCIS has received 29,200 regular cap H-1 B petitions and 12,300 advanced degree H-1B petitions. These numbers are considerably higher than the ones we saw at this time in the fiscal years 2011 and 2012 (we are now in FY 2013).
This entry is now old law. The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…
5 November 2015: After some flip flops, USCIS has gone back to allowing carry forward of priority dates even if I-140 is revoked by employer - as described in this discussion. So, we are good for now.
State Department has indicated that as of 11 April 2012 there are no more immigrant visas (green cards) available for China and India-born EB2 applicants. The numbers will be reset on 1 October 2012, the start of the new fiscal year. In the meantime, USCIS will continue to accept I-485 filings until the end of June based upon the Visa Bulletin that will be published in May. No action will be taken on these applications until October, but its is expected that EAD/AP's will be issued.
I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.