New USCIS Regulation Addresses Job Mobility for Employer-Sponsored Foreign National Workers On November 18, 2016, USCIS published a new regulation intended to ease restrictions on job mobility for employer-sponsored foreign workers and help enable U.S. businesses to...
Visa Bulletin for December 2016
On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. This memo outlines the kind of location change requiring H-1B amended filings.
The availability of visas per category is based on numerical limits established by law. Where a category is listed as “current”, any eligible beneficiary may proceed with the final stages of the green card process (in most cases, I-485 adjustment of status application) no matter what their priority date. Where a cutoff date is listed for a particular category, only a beneficiary with a priority date on or before the cutoff date may proceed with the final stages of the green card process. A priority date reflects the filing date of the first step toward a permanent residence.
For international travel during the upcoming summer holiday season, it is important that foreign nationals are aware of the immigration requirements and documentation that will facilitate their exit from and entry into the United States in the correct status and for the correct duration.
Law360: Immigration