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Houston, Texas 77036
Tel: 713-339-4200,1-800-281-7400
Fax: 713-339-4299, E-mail: info@linlawfirmusa.com

NON-IMMIGRANT
    E-2 Visa (Treaty Investors)
    L-1 Visa (Intra-company Managers)
    H-1 Visa (Speciality Occupation)
    H-2B Visa
    J-1 Visa (Exchange Scholars)
    O-1 Visa (Extraordinary Ability)
    K-1 Visa (Fiance)

IMMIGRANT
   EB-1 (Extraordinary Ability/Outstanding Researcher/Professors)
    EB-1 (Managers)
    EB-2
    EB-5 Investor Immigration Resource Center **new**
    National Interest Waiver
    Labor Certification - PERM
    Schedule A Position - Physical Therapist
    Religious Immigration
& R-Visa
    Naturalization
    Family Based Immigration

DACA, ASYLUM & DEPORTATION
    DACA - Deferred Action EAD for Dreamers**new**
    Asylum
    Asylum Frequently Asked Questions

DETENTION, BONDING & REMOVAL
    Immigration Detention
    Bond Hearing With Immigration Court
    Immigration Bond
    Posting Bond and Condition of Release from Detention
    Removal Proceeding
    Expedited Removal
    Why Lin & Valdez LLP

www.immiweb.com
Practice Note
 
Revised Procedures for Determining Visa Availability for Adjustment of Status Applicationj

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

What is Changing

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

• Application Final Action Dates (dates when visas may finally be issued); and

• Dates for Filing Applications (earliest dates when applicants may be able to apply).

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applicants reported by DOS;

• Pending adjustment of status applications reported by USCIS; and

• Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.

• The priority date is generally the date when the applicant’s relative or employer properly filed the immigrant visa petition on the applicant’s behalf with USCIS. If a labor certification is required to be filed with the applicant’s immigrant visa petition, then the priority date is when the labor certification application was accepted for processing by Department of Labor.

• Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents.


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Approval Notices
  11/14/17 PERM, Labor Certification, Approval
  11/10/17 NIW, Approval
  11/08/17 EB-1(b), Approval
  11/06/17 Another PERM Labor Certification, Approval
  11/03/17 PERM Labor Certification, Approval
  11/01/17 E-2, Approval
  10/21/17 E-2, Approval
  10/20/17 O-1, Alien of Extraordinary Ability, Approval
  10/10/17 E-2 Visa, Approval
  10/08/17 L-1A, Approval
  10/01/17 2 H-1 Approvals
  09/28/17 E-2 Visa, Granted by US Consulate, Vienna
  09/24/17 Green Card, Granted by Court
  09/16/17 I-601A Waiver, Approval
  09/14/17 EB-2, Approval
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