February 2018 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

Final Action Dates for Employment-Based Adjustment of Status Applications:

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	El SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	Philippines
1st	C	C	C	C	C	C
2nd	C	01OCT13	C	08DEC08	C	C
3rd	C	15SEP14	C	01DEC06	C	01MAR16
Other Workers	C	01FEB07	C	01DEC06	C	01MAR16
4th	C	C	01DEC15	C	22JUN16	C
Certain Religious Workers	U	U	U	U	U	U
5th Non-Regional Center (C5 and T5)	C	22JUL14	C	C	C	C
5th Regional Center (I5 and R5)	U	U	U	U	U	U

 

Advertisements

Updated USCIS Form I-765 to allow for EAD and Social Security Number Request Simultaneously

Foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using an updated Form I-765, Application for Employment Authorization.  To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA.

Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN.  The revised USCIS Form I-765 includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office.

Beginning October 2, 2017, USCIS started transmitting the additional data collected on the form to the SSA for processing.  Moving forward, applicants who receive
their approved EADs from USCIS should receive their Social Security card from SSA within the following two weeks.  It is imperative to note that starting December 4, 2017, USCIS will only accept the 7/17/17 edition of Form I-765.

October 2017 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

Employ- ment based	All Charge- ability Areas Except Those Listed	CHINA- mainland born	EL SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C	C
2nd	C	22MAY13	C	15SEP08	C	C
3rd	C	01JAN14	C	15OCT06	C	01DEC15
Other Workers	C	01JAN06	C	15OCT06	C	01DEC15
4th	C	C	01NOV15	C	01MAR16	C
Certain Religious Workers	C	C	01NOV15	C	01MAR16	C
5th Non-Regional Center (C5 and T5)	C	22JUN14	C	C	C	C
5th Regional Center (I5 and R5)	C	22JUN14	C	C	C	C

June 2017 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

Employ- ment based	All Charge- ability Areas Except Those Listed	CHINA- mainland born	EL SALVADOR GUATEMALA HONDURAS	INDIA	MEXICO	PHILIPPINES
1st	C	01JAN12	C	01JAN12	C	C
2nd	C	01MAR13	C	01JUL08	C	C
3rd	15APR17	01OCT14	15APR17	15MAY05	15APR17	01MAY13
Other Workers	15APR17	15JUL06	15APR17	15MAY05	15APR17	01MAY13
4th	C	C	15JUL15	C	15JUL15	C
Certain Religious Workers	C	C	15JUL15	C	15JUL15	C
5th Non-Regional Center (C5 and T5)	C	08JUN14	C	C	C	C
5th Regional Center (I5 and R5)	C	08JUN14	C	C	C	C

USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse

On April 3, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced multiple measures to further deter and detect H-1B visa fraud and abuse.  The press release states that the H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS.

Beginning April 3, 2017, USCIS will take a more targeted approach when making site visits across the country to H-1B petitioners and the worksites of H-1B employees. USCIS will focus on:

• Cases where USCIS cannot validate the employer’s basic business information through commercially available data;
• H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S. workers, as defined by statute); and
• Employers petitioning for H-1B workers who work off-site at another company or organization’s location.

The press release further states that targeted site visits will allow USCIS to focus resources where fraud and abuse of the H-1B program may be more likely to occur, and determine whether H-1B dependent employers are evading their obligation to make a good faith effort to recruit U.S. workers.  USCIS will continue random and unannounced visits nationwide. The press release states that these site visits are not meant to target nonimmigrant employees for any kind of criminal or administrative action but rather to identify employers who are abusing the system.

US Dept of Labor Announces Plans to Protect American Workers from H-1B Program Discrimination

On April 5, 2017, the U.S. Department of Labor announced plans today to protect U.S. workers from H-1B program discrimination by providing greater transparency and oversight. The program allows employers to hire highly skilled foreign workers in specialty occupations. The H-1B visa program authorizes the temporary employment of qualified individuals who are not otherwise authorized to work in the U.S.

The Dept. of Labor states that in recent years, some employers have used the H-1B program to hire foreign workers despite American workers being qualified and available for work or even to replace American workers. The department fully supports the U.S. Department of Justice in cautioning employers who petition for H-1B visas not to discriminate against U.S. workers, as well as the U.S. Department of Homeland Security’s measures to further deter and detect H-1B visa fraud and abuse.

The department will protect American workers against discrimination through the following actions:

1. Rigorously use all of its existing authority to initiate investigations of H-1B program violators.
This effort to protect U.S. workers will also involve greater coordination with other federal agencies,
including the departments of Homeland Security and Justice for additional investigation and, if
necessary, prosecution.

2. Consider changes to the Labor Condition Application for future application cycles. The Labor
Condition Application, which is a required part of the H-1B visa application process, may be updated
to provide greater transparency for agency personnel, U.S. workers and the general public.

3. Continue to engage stakeholders on how the program might be improved to provide greater
protections for U.S. workers, under existing authorities or through legislative changes.

April 2017 Visa Bulletin – Employment-Based Visa Numbers – Eligibility to File Adjustment of Status Applications

mployment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01MAR13	22APR09	C	C
3rd	C	01MAY14	01JUL05	C	01SEP13
Other Workers	C	01AUG09	01JUL05	C	01SEP13
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Non-Regional Center (C5 and T5)	C	15JUN14	C	C	C
5th Regional Center (I5 and R5)	C	15JUN14	C	C	C