By: Sami Bloom and Jacob Cherry

In an era of increasing global competition for highly skilled professionals, U.S. employers often face challenges in recruiting and retaining top talent. The National Interest Waiver (NIW) is a special provision under the EB-2 visa category, offering a unique solution by allowing foreign nationals

Continue Reading National Interest Waiver (NIW) as a Viable Alternative to a Traditional Employment-based Green Card

A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification, specifically on the “significant public interest” category in the Foreign Affairs Manual (FAM), provides valuable guidance for individuals

Continue Reading Navigating Visa Challenges: DOS Updates on Inadmissibility Waivers

By: Jake Campbell, Weija (Victoria) Ma, and Jason Burritt

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration:

1. Government Shutdown Avoided – For Now

On September 30, 2023, Congress passed a stopgap bill to keep the government running for another 45 days. For more information on potential impacts if the government were to shutdown, please see our legal alert–Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employeeshere.Continue Reading October 2023 U.S. Immigration Alert

Trivia: Each year, March and which other month end on the same day of the week?

Where are we this month?

Advancements

     Employment

  • Chinese nationals experienced some advances with 9+ weeks in the EB-2 category and 8+ weeks in the EB-3 category.

While the EB-5 category for Regional Center filings is now available for Chinese nationals with a priority date of July 22, 2014, it remains unavailable for all other nationals.  Non-Regional Center filings are current for all with the exception of Chinese nationals where we see a July 22, 2014 priority date.

  • Indian nationals also advance modestly moving forward by 1 week in the EB-2 category and 4 weeks in the EB-3 category.
  • Philippine nationals continue to be current in the EB-2 category with an 8 week advancement in the EB-3 category
  • Of particular importance, filing dates for certain religious workers are now current with a slight backlog for Mexican, El Salvadorian, Guatemalan, and Honduran nationals.

Family

  • For family-based sponsorship, Philippine nationals advance 10+ weeks while all other nationals advance approximately 1+ week in the F-1 category.
  • In all other family-based categories, we continue to see similar modest advancements, with the exclusion of the F-3 classification for Mexican nationals, which is not subject to any changes on this month’s bulletin.

Continue Reading March 2018 Visa Bulletin

Trivia: Who was the only U.S. President to serve in two nonconsecutive terms?

Where are we this month?

Advancements

  • Chinese nationals experienced some advances with 7+ weeks in the EB-2 category and 22 weeks in the EB-3 category.

Of note is the EB-5 category for Regional Center filings remains unavailable and for direct investment there is no movement in the Final Action Dates; and moving backward 4 weeks to September 1, 2014 for Date of Filing Application cut off.

  • Indian nationals also advance modestly with 2 weeks in the EB-2 category and 4 weeks in EB-3.
  • Philippine nationals continue to be current in the EB-2 category with a 2 week advancement in the EB-3 category

Continue Reading February 2018 Visa Bulletin

By Mahsa Aliaskari and Alexander Madrak

Seyfarth Synopsis: Citing security reasons, the Trump administration announces expansion of requirements for the 38 countries that participate in the U.S. Visa Waiver Program (VWP) allowing limited travel to the U.S. for business and tourism.

On December 15, 2017, the Department of Homeland Security
Continue Reading Newest Administration Target – U.S. Visa Waiver Program