The Maze: A Podcast about US Immigration Law

* What is PERM?* What is EB-2 NIW? This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

After October 2025 Visa Bulletin is issued, no movement on cut-off dates for Chart B for November 2025 Visa Bulletin, then December 2025 Visa Bulletin. * Will dates move forward in January, or will USCIS honor Chart A?* The value of an I-824 for optionality.Bob’s chart tracking October Visa Bulletin Chart B for EB-2 Rest of World (RoW), going back to 2022: This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

[EDIT: This podcast episode has erroneously information on the November 2025 EB-3 cut-off date. I realized the error after completing the podcast. The date for December 2025 EB-3 India is correct. I was just wrong in how much the dates moved from November to December. I regret the error.]The US Department of State has issued the December 2025 Visa Bulletin. The December 2025 Visa Bulletin can be found here.This Chart shows the movement for Employment-Based (EB) cut-off dates for Chart A. There was no movement for EB cut-off dates for Chart B.USCIS is honoring Chart B for filing new I-485 applications for December 2025, but it might be the last month this fiscal year that USCIS is honoring Chart B. People whose priority date is current per Chart B should be sure to file I-485 applications in December or risk being unable to file in January. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* The Basics: EB-2 + NIW.* Matter of NYSDOT.* Matter of DHANASAR (December 2016).* Biden “force multiplier” memos (January 2021).* Pigs get fat, hogs get slaughtered.* The role of the H-1B cap lottery.* The role of slow processing of PERM labor certification applications.* The role of the Visa Bulletin.* Rolling recessions and white collar job losses.* The role of gurus and shaman and AI toolkits.* January 2025 Policy Guidance.* Premium versus regular processing.* RFEs, denials, appeals, litigation. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* Job changes for people on temporary visas versus permanent resident (green card processing).* Job changes and priority date retention (I-140 approved) but no I-485 pending.* Job changes after I-485 filed: Adjustment of Status (AoS) job portability.* EB-1A and EB-2 NIW exempt.* EB-1B and EB-1C, plus EB-2 PERM and EB-3 eligible.* I-140 approved.* I-485 pending 180+ days.* “Same or similar occupation.”* USCIS guidance here.* ONET code crosswalk: Here.* AC21 AoS portability versus Visa Bulletin 2 charts.* Supplement J: https://www.uscis.gov/i-485supj* USCIS policy manual on job portability (job changes) here. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* EB immigration (I-140) versus FB immigration (I-130)* EB immigration has EB-1 and EB-2 and EB-3 versus FB immigration has F-1, F-2A, F-2B, F-3, F-4, but importantly FB immigration has “immediate relative.”* The perks of “immediate relative” status -* No Visa Bulletin limits.* Potential ‘forgiveness’ for overstay and work without authorization.* Who are immediate relatives?* Spouses of US citizens.* Unmarried children under the age of 21.* Parents of US citizens, when the US citizen is at least 21 years old.* Spouses of US citizens are subject to “conditional” permanent residence if married less than 2 years, to prevent fraud.* Note that spouses of US permanent residents are NOT immediate relatives, they are F-2A immigrants. * Spouses of EB immigrants who are married prior to EB green card approval are derivative of the EB case - either as I-485 applicants or “follow-to-join” immigrant visa applicants; but spouses of permanent residents are F-2A immigrants subject to the Visa Bulletin.* November 2025 Visa Bulletin (Chart A for FB Immigration):* Note that adopted children and step-children have special considerations on eligibility which need to be analyzed carefully on whether they qualify as “immediate relatives.”* Note that a US citizen who has a child outside the United States - that child MIGHT be a US citizen at birth and eligible for a US passport.* FB immigration begins with an I-130 petition (relative petition), filed with USCIS. Premium processing is NOT available.* The FB immigrant is potentially eligible for I-485 adjustment of status or immigrant visa processing at a US consulate in the relatives’ home country.* Key issue in the I-130 is documenting the relationship with qualifying documentation of the legal marriage or birth.* An I-130 filing demonstrates immigrant intent.* Entering on a visitor visa or F-1 visa or J-1 visa is entering the United States on a temporary visa with temporary intent. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

The August 2025 Visa Bulletin has been released. You can find it here.I have made a comparison chart from the July 2025 Visa Bulletin:The End Notes from the August 2025 Visa Bulletin:* Overview of the Visa Bulletin and the Annual Limit of EB immigrant visas. (See Episode 3).* Two charts. (See Episode 15A).* The importance of End Notes.* “C” and “U” on the Visa Bulletin.* The promise of the Oct 2025 Visa Bulletin and possible spillover.Thanks for reading Webber Immigration News and Analysis! This post is public so feel free to share it. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

This podcast episode builds on an article I wrote with my colleague and law partner, Tom Oja, which can be found here.This podcast episode provides an overview on certain topics, so people with advanced knowledge on these topics may be a bit bored!High Level Ways to Immigration to the US* Family-Based (FB) Immigration; or* Employment-Based (EB) Immigration; or* Asylum/Refugee Status; or* DV (Diversity) Green Card Lottery.Overall Slow Process Means Most People Come on Temporary Visas FirstCurrent Challenges with PERM.* Employer issues: Layoffs.* Labor market issues: Qualified applicants (especially in IT/Software/Tech).* 9141 prevailing wage determinations: Slow and high.* 9089 processing: Record slow. More audits?Current Challenges with EB-2 NIW.* “Pigs get fat, hogs get slaughtered” - particularly on premium process EB-2 NIW cases.* January 2025 Policy guidance and the Death of Dhanasar.The Promise of EB-1B.* Lack of Employer Awareness and/or InterestEvergreen Issues with EB-1A and EB-1C.* EB-1A suffers from similar issues as EB-2 NIW in terms of the excesses of self-petitioners.* EB-1C requires working abroad which many people don’t want to do.The Elephant in the Room: Visa Bulletin Cut-Off Dates.* Persistent Backlogs in EB-2 and EB-3 for all nationalities.* Persistent Backlogs for EB-1 India and China.* No relief in sight.Thanks for reading Webber Immigration News and Analysis! This post is public so feel free to share it. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

I. U.S. Citizens:* Valid U.S. Passports;* Registering with the U.S. Department of State while abroad: STEPII. Green Card Holders (Legal Permanent Residents):* Time spent abroad.* Taxes.* Political activism.* June 4, 2025 Travel Ban.* Re-entry permits.III. Advance Parole for EB I-485 applicants:* Validity of pending I-485.* “Secondary inspection.”IV. Temporary Work Visas:* Worksite.* Employer.* Criminal issues.* I-94 versus visa, and I-94 limitation due to passport validity.V. Temporary Student/Scholar Visas:* Intent.* Work.* Political activism.VI. Business Visitor versus Tourist Entries/ESTA:* Intent.* Work.* Political activism.Global EntryYour General Lack of Privacy for your Phone and Computer This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* The H-1B Cap Lottery and Timing.* Alternatives to the H-1B Cap -* O-1* https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4#S-C* L-1* F-1: Day 1 CPT.* F-1 Traditional. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* US Constitution -* Legislative Branch* U.S. House of Representatives* U.S. Senate — 100 Senators (2 x 50 states)* Executive Branch* Judicial Branch* Increased use of Executive Orders.* Trump Executive Order on Birthright Citizenship* 14th Amendment* Elk v. Wilkins (1884)More (very long quote from Elk v. Wilkins):The alien and dependent condition of the members of the Indian tribes could not be put off at their own will without the action or assent of the United States. They were never deemed citizens of the United States except under explicit provisions of treaty or statute to that effect either declaring a certain tribe, or such members of it as chose to remain behind on the removal of the tribe westward, to be citizens or authorizing individuals of particular tribes to become citizens on application to a court of the United States for naturalization and satisfactory proof of fitness for civilized life, for examples of which see treaties in 1817 and 1835 with the Cherokees, and in 1820, 1825, and 1830 with the Choctaws…Chief Justice Taney, in the passage cited for the plaintiff from his opinion in Scott v. Sandford, 19 How. 393, 60 U. S. 404, did not affirm or imply that either the Indian tribes, or individual members of those tribes, had the right, beyond other foreigners, to become citizens of their own will, without being naturalized by the United States. His words were:"They [the Indian tribes] may without doubt, like the subjects of any foreign government, be naturalized by the authority of Congress and become citizens of a state and of the United States, and if an individual should leave his nation or tribe, and take up his abode among the white population, he would be entitled to all the rights and privileges which would belong to an emigrant from any other foreign people."But an emigrant from any foreign state cannot become a citizen of the United States without a formal renunciation of his old allegiance, and an acceptance by the United States of that renunciation through such form of naturalization as may be required law.The distinction between citizenship by birth and citizenship by naturalization is clearly marked in the provisions of the Constitution, by which"No person, except a natural born citizen or a citizen of the United States at the time of the adoption of this Constitution shall be eligible to the office of President,"and "The Congress shall have power to establish an uniform rule of naturalization." Constitution, Article II, Section 1; Article I, Section 8. By the Thirteenth Amendment of the Constitution, slavery was prohibited. The main object of the opening sentence of the Fourteenth Amendment was to settle the question, upon which there had been a difference of opinion throughout the country and in this Court, as to the citizenship of free negroes (Scott v. Sandford, 19 How. 393), and to put it beyond doubt that all persons, white or black, and whether formerly slaves or not, born or naturalized in the United States, and owing no allegiance to any alien power, should be citizens of the United States and of the state in which they reside. Slaughterhouse Cases, 16 Wall. 36, 83 U. S. 73; Strauder v. West Virginia, 100 U. S. 303, 100 U. S. 306.This section contemplates two sources of citizenship, and two sources only: birth and naturalization. The persons declared to be citizens are "all persons born or naturalized in the United States, and subject to the jurisdiction thereof." The evident meaning of these last words is not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance. And the words relate to the time of birth in the one case, as they do to the time of naturalization in the other. Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards except by being naturalized, either individually, as by proceedings under the naturalization acts, or collectively, as by the force of a treaty by which foreign territory is acquired.Indians born within the territorial limits of the United States, members of and owing immediate allegiance to one of the Indiana tribes (an alien though dependent power), although in a geographical sense born in the United States, are no more "born in the United States and subject to the jurisdiction thereof," within the meaning of the first section of the Fourteenth Amendment, than the children of subjects of any foreign government born within the domain of that government, or the children born within the United States of ambassadors or other public ministers of foreign nations.* US v. Wong Kim Ark (1898):* Plyler v. Doe (1982):* Alaska and Hawaii and Puerto Rico9. U.S. Constitution Article II, Section 8:10. U.S. Constitution Article IV, Section 2 This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* Perhaps less chaos in Trump’s 2nd Term?* The Border* Deportations/Removals.* TPS and EADs.* Asylum Applicants and EADs.* Travel abroad.* Address changes.* Birthright citizenship.* Sanctuary cities.* Visa processing.* World Cup 2026.* Olympics 2028.* Social media/1st Amendment.* F-1 Students - CPT and OPT.* H-1Bs - site visits* PERM labor certifications.* I-140s (including EB-1 and EB-2 NIW).* Visa Bulletin* I-485s (Adjustment of Status).* Interviews* Biometrics* Fee increases.* Changes to Forms.* Naturalization.* I-9 Enforcement.* Bob’s wild ideas -* N-400 Naturalization and I-485 Adjustment of Status questions.* IRS/USCIS collaboration.* The role of AI.* E-3s for Argentina?* Evergreen -* USCIS changes are agency-centric.* A strong economy may be the most important metric. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* Why is there a Visa Bulletin? H-1B cap lottery versus EB immigrant visa queue.* Visa Bulletin Cut-Off Dates -* Category (EB-1 versus EB-2 versus EB-3)* Country - India versus China versus RoW (Rest of World)* History of Two Charts -* Jeh Johnson Memo of November 2014.* October 2015 Visa Bulletin.* USCIS response to October 2015 Visa Bulletin.* Fiscal Year: October to September.* First Month of Each Quarter in the Fiscal Year:* October* January* April * July* January 2025 Visa Bulletin EB-2 RoW - Chart B:* February 2025 Visa Bulletin EB-2 RoW - Chart A* Approval of I-485 versus Filing of I-485.* Processing of Immigrant Visas.* Visa Bulletin End Notes* Episode 15B will discuss predictions of the Visa Bulletin during the Trump years and some explanation about India, including what happened with India EB-1.RESOURCES:* Visa Bulletin - US Department of State* Adjustment of Status Filing Charts - USCIS* Employment-Based Adjustment of Status FAQs - USCIS This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* EB-2 versus NIW* EB-2 NIW research professionals versus EB-2 NIW entrepreneurs.EB-2· Master’s degree.* Ph.D. engineer who wants to open a bakery.· Bachelor’s degree + 5 years of post-Bachelor’s work experience.* Bachelor’s in Chemistry and 5 years of experience working in a gas station.· “Exceptional Ability.”* Relevant criteria.* “Final merits determination.”NIW· Benefits to a specific employer, even one with a national footprint, are not sufficient to establish “national importance.”· The candidate must show that their own individual endeavor stands to have broader implications, such as for a field, a region, or the public at large.Examples –* A person developing a drug at a pharmaceutical company may establish national importance by demonstrating the prospective public health benefits of the drug, not discussing the profits to the employer.* A person developing a particular technology may not be able to establish “national importance” based on benefits to the employer or the employer’s customers.* To establish national importance, the candidate must provide evidence of –* Widespread interest in adoption or licensing of technology; or* A novel and important manufacturing or operational process; or* How the technology stands to impact the development of similar technology by other companies.A person using their company’s software for various clients will not be able to establish national importance.Regarding letters of support –The letter may be persuasive when the letter writer is a subject matter expert who has first-hand knowledge of the person’s achievements.Letter should -* Describe those achievements; and* Provide specific examples of how the person is well-positioned to advance the endeavor; and* Supplement the letter with independent evidence.Separate discussion about entrepreneurs later.January 2022 versus January 2025: That’s All Folks! This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* Green card not an option so you get an H-1B.* PERM is not available so you proceed on EB-2 NIW.* EB-2 NIW is not available.* What now?* AC21 Section 104(c) - 36 month extensions of H-1B time.* AC21 Section 106(a) — 12 month extensions of H-1B time.* Premium processing versus non-premium processing.* The option to file a new EB-2 NIW I-140 every 11 months. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* EB-2 NIW (Matter of Dhanasar).* Premium processing is 45 business days and also an additional $2,805.00.* EB-1A (Matter of Kazarian).* Premium processing is 15 business days and also an additional $2,805.00.* File initially via regular, non-premium processing and convert to premium processing in response to a RFE. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* Sriram Krishnan* Elon Musk/Vivek Ramaswamy* Donald Trump* Bernie Sanders* H-1B visas are temporary work visas for professionals.* They are not visa limited to the “best and brightest.”* H-1B visas are available to all nationalities.* They are not limited to just people from India.* H-1B visas are available to a wide range of occupations and industries.* They are not limited to the tech sector.* H-1B for luthiers, physicians, teachers, lawyers, financial analysts, Peruvian buyer.* There are both H-1B capped visas and cap-exempt visas.* In general there is no labor market test associated with H-1B visas.* Indians end up in H-1B status so long because of the “per country limits” on the Visa Bulletin.TIPS:* Be sure to seek sponsorship by an employer that is “real.”* Think through the business model of your employer.* Know that H-1Bs are available for start-ups where you are a co-founder.* Concurrent H-1Bs are possible.* H-1Bs are specific to employer and job and worksite. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* Sriram Krishnan - Trump appointee* Immigration Act of 1990.* 1990s* AC21 (passed in 2000)* 2001 to 2005* 2005 Visa Bulletin backlogs start* 2005 PERM labor certification starts* July 2007 Visa Bulletin* 2012 Visa Bulletin (green shoots)* November 2014 Jeh Johnson Memo* October 2015 Visa Bulletin - Two Charts* October/November 2020 Visa Bulletin* January 2025: Chart B reform? (Bob’s wild idea) This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* Why a Ph.D.?* Distinctive qualifications to find a job.* Opportunity to build qualifications for self-petition and O-1.* “Criteria for Demonstrating Extraordinary AbilityIn order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):* Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence* Evidence of your membership in associations in the field which demand outstanding achievement of their members* Evidence of published material about you in professional or major trade publications or other major media* Evidence that you have been asked to judge the work of others, either individually or on a panel* Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field* Evidence of your authorship of scholarly articles in professional or major trade publications or other major media* Evidence that your work has been displayed at artistic exhibitions or showcases* Evidence of your performance of a leading or critical role in distinguished organizations* Evidence that you command a high salary or other significantly high remuneration in relation to others in the field* Evidence of your commercial successes in the performing arts* More about EB-1 (similar to O-1)* Understanding intent: Non-immigrant visas like F-1 versus “almost” dual intent like O-1 versus true dual intent like H-1B.* Understanding the H-1B cap and H-1B cap exemption.* Understanding the unspoken distinction between O-1 and EB-1A.* Understanding the Visa Bulletin and Priority Date Retention.* Understanding the importance of EB-1B (employer sponsorship for EB-1) versus EB-1A.Thanks for reading Webber Immigration News and Analysis! This post is public so feel free to share it. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* Matter of NYSDOT - 1998* Matter of Dhanasar - December 2016* Biden Administration Policy Memo - January 2022* Update on USCIS Policy Manual - January 2022* “USCIS recognizes the importance of progress in STEM fields… especially in focused critical or emerging technologies… To identify a critical and emerging technology field, officers should consider governmental, academic, and other authoritative and instructive sources…”* Go back to the text of Matter of Dhanasar* Compare the language of RFEs and Denial Decisions* Why this change? —- “Pigs get fat, and hogs get slaughtered.”* Massive layoffs at tech companies.* Slow processing of PERM labor certification applications.* Availability of premium process for EB-2 NIW.* The limited number of H-1B visas available in the H-1B cap.Chapter 5, including Footnotes 64-69.Specific Evidentiary Considerations for Persons with Advanced Degrees in Science, Technology, Engineering, or Mathematics (STEM) FieldsThere are specific evidentiary considerations relating to STEM degrees and fields, although the analysis is the same regardless of endeavor, so these considerations may apply in non-STEM endeavors where the petitioner demonstrates that such considerations are applicable.[64] USCIS recognizes the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies[65] or other STEM areas important to U.S. competitiveness[66] or national security.[67]To identify a critical and emerging technology field, officers consider governmental, academic, and other authoritative and instructive sources, and all other evidence submitted by the petitioner. The lists of critical and emerging technology subfields published by the Executive Office of the President, by either the National Science and Technology Council or the National Security Council, are examples of authoritative lists.[68] Officers may find that a STEM area is important to competitiveness or security in a variety of circumstances, for example, when the evidence in the record demonstrates that an endeavor will help the United States to remain ahead of strategic competitors or current and potential adversaries, or relates to a field, including those that are research and development-intensive industries,[69] where appropriate activity and investment, both early and later in the development cycle, may contribute to the United States achieving or maintaining technology leadership or peer status among allies and partners.With respect to the first prong, as in all cases, the evidence must demonstrate that a STEM endeavor has both substantial merit and national importance. Many proposed endeavors that aim to advance STEM technologies and research, whether in academic or industry settings, not only have substantial merit in relation to U.S. science and technology interests, but also have sufficiently broad potential implications to demonstrate national importance. On the other hand, while proposed classroom teaching activities in STEM, for example, may have substantial merit in relation to U.S. educational interests, such activities, by themselves, generally are not indicative of an impact in the field of STEM education more broadly, and therefore generally would not establish their national importance.[70]For the second prong, as mentioned above, the person’s education and skillset are relevant to whether the person is well positioned to advance the endeavor.[71] USCIS considers an advanced degree, particularly a Doctor of Philosophy (Ph.D.), in a STEM field tied to the proposed endeavor and related to work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness or national security, an especially positive factor to be considered along with other evidence for purposes of the assessment under the second prong.[72]Persons with a Ph.D. in a STEM field, as well as certain other persons with advanced STEM degrees relating to the proposed endeavor, have scientific knowledge in a narrow STEM area since doctoral dissertations and some master’s theses concentrate on a particularized subject matter. Officers should then consider whether that specific STEM area relates to the proposed endeavor. Even when the area of concentration is in a theoretical STEM area (theoretical mathematics or physics, for example), it may further U.S. competitiveness or national security as described in the proposed endeavor.Examples of evidence that can supplement the person’s education are listed above,[73] but a petitioner may submit any relevant evidence, including letters from interested government agencies as discussed below,[74] to show how the person is well positioned to advance the proposed endeavor. A degree in and of itself, however, is not a basis to determine that a person is well positioned to advance the proposed endeavor.Finally, with respect to the third prong, it is the petitioner’s burden to establish that factors in favor of granting the waiver outweigh those that support the requirement of a job offer and thus a labor certification.When evaluating the third prong and whether the United States may benefit from the person’s entry, regardless of whether other U.S. workers are available (as well as other factors relating to prong three discussed above, such as urgency), USCIS considers the following combination of facts contained in the record to be a strong positive factor:* The person possesses an advanced STEM degree, particularly a Ph.D.;* The person will be engaged in work furthering a critical and emerging technology or other STEM area important to U.S. competitiveness; and* The person is well positioned to advance the proposed STEM endeavor of national importance.The benefit is especially weighty where the endeavor has the potential to support U.S. national security or enhance U.S. economic competitiveness, or when the petition is supported by letters from interested U.S. government agencies as discussed in section 3 below.* Limited federal court review: Poursina v. USCIS.* So going into January 2025, what cases can get approved?Thanks for reading Webber Immigration News and Analysis! This post is public so feel free to share it. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* Employment-Based immigration: * The Labor Market Test* EB-1 versus EB-2 versus EB-3 versus EB-2 NIW.* NYSDOT versus DHANASAR.* “Private Benefit.”* “Local Benefit.”* The same person might not be eligible at one employer but the exact same person might be eligible at another employer. Yes - you read that correctly.* Occupations that are very challenged -* Software/IT* Data analysis/business analysis* Accounting* Real Estate* Finance/investments* Pilots!* Challenges for candidates from Abroad.* Challenges for candidates with No Job.* I will save a discussion of Entrepreneurs/business owners for another episode. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* H-1Bs -* What does the job require?* What education does the candidate have?* Three-for-one rule.* Indian 3-year degree.* I-140s -* EB-3 skilled worker versus professional.* EB-2 advanced degree professional.* Master’s degree.* Bachelor’s degree + 5 years of post-Bachelor’s progressive work experience.* “Exceptional Ability.”* PERM - “what is normal?”* EB-1A criteria. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

December 2016: Matter of DhanasarJanuary 2022: Biden Administration Memo on STEM and EB-2 NIW* The Case of Mr. T - an IT Consultant with Subject Matter Expertise in a Critical & Emerging Technology.* Understanding the Phenomena of EB-2 NIW for Brazilian Pilots.* The Case of Mr. Lithium Battery Engineer - an AAO decision issued November 20, 2024 (In Re: 33960638) - hostility to industry reports and perceived “generalized information.” This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

1990: Immigration Act1998: Matter of NYSDOT2014/November: Jeh Johnson Memo2016/December: Matter of Dhanasar2022/January: Biden “Force Multiplier” Memo for EB-2 NIW and STEM2023/January: Expansion of Premium Processing2023/October: Biden Executive Order on Artificial Intelligence2024/April: USCIS fee increases, including the asylum program fee2024/December: What is happening? Are we going back to NYSDOT? This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* Either an I-130 petition (for FB immigration) or an I-140 petition (for EB immigration) can be filed at any time, all year round.* Either an I-130 petition or I-140 petition can be approved year-round. The time it takes from when you file the petition to when it is approved is known as the USCIS processing time. The processing time is simply the time it takes for the petition to be approved. It is NOT the time it takes to obtain a green card.* Neither an I-130 petition nor an I-140 petition confer “status.” What this means is that filing an I-130 or filing an I-140 and getting an I-130 approved or an I-140 approved does not give the sponsored individual authorization to be in the US or to work in the US. This single fact is misunderstood by many, many people.* An I-130 petition approval and an I-140 petition approval confer eligibility (not status), and a place in the queue.* An I-130 petition and an I-140 petition do CONFER immigrant intent and must be disclosed on a DS-160 visa application form. If you are the beneficiary of an I-130 or an I-140, you have demonstrated to the U.S. government your “intent” to reside in the United States indefinitely and your intent to obtain green card status.* Both an I-130 petition and an I-140 petition, when approved, establish a priority date and a preference category.* The priority date on an I-130 is when the I-130 was filed.* The priority date on an I-140 is when the I-140 is filed, UNLESS the I-140 petition is a PERM-based I-140 and then the priority date is the date when the PERM labor certification application was filed.* The priority date and preference category are like your ticket at the neighborhood deli/meat market, and you can refer to the monthly Visa Bulletin to understand how far you are from being “current.” The Visa Bulletin is the butcher at the meat market shouting “Next - Number 51!”* Some I-130 petitions are for “immediate relatives” and there is no annual limit (or quota) for immediate relatives so the sponsored family members who are immediate relatives are “always current.” Spouses of U.S. citizens and and parents of U.S. citizens are “immediate relatives” - so are qualifying children.* Other I-130 petitions are subject to the FB quotas or annual limits on how many green cards may be issued.* All EB petitions (I-140 petitions) are subject to the EB quotas, although occasionally some of the EB categories are current for some nationalities.* As noted, I-130 petitions and I-140 petitions can be filed all year round without regard to the quota system (annual limit) but the final stage green card process cannot be pursued until “your priority date is current.”* The final stage green card process for certain qualifying people in the United States is known as I-485 adjustment of status, whereas the final stage of the green card process for people outside the United States is known as immigrant visa processing at a U.S. Consulate.* To proceed on I-485 adjustment of status or the immigrant visa process at a U.S. consulate abroad, you must study your preference category AND nationality.* NATIONALITY (or country of birth) is relevant because in addition to the quotas based on preference category, there are separate “per country” limits to prevent people from any one country from taking all the green cards.So after you get your head around the preference category and your nationality, then you can look at the Visa Bulletin. Unless you have become thoroughly confused by now and then you might just say ‘forget it’.The December 2024 Visa Bulletin can be found here.* The December 2024 Visa Bulletin has two separate charts for FB (Family-Based) immigration and two separate charts for EB (Employment-Based) immigration.* Chart B is the more favorable chart and only has relevance to people in the United States who are trying to apply for “adjustment of status.” Chart B is potentially useful for FILING an I-485 adjustment of status application but does not dictate the approval of an I-485.* Chart A is the real Chart that determines when green cards are issued, so looking at the December 2024 Visa Bulletin (Chart A) for EB immigration, here is what you can see:The first column is often referred to as “RoW” or “Rest of World.” What this means is that in December 2024, someone who is chargeable (born in) any other country not listed, so any other country besides China, India, Mexico, Philippines, he or she must have a priority date of before March 15, 2023, in the EB-2 category to obtain a green card.The letter “C” means “Current” so there is no backlog at all for the 1st preference people in RoW, or Mexico, or Philippines, meaning that the annual limit for that preference category and those nationalities has no backlog and I-485 applications can be filed any time. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

* Categories of individuals -* U.S. citizens.* Legal permanent residents (green card holders).* Asylees and refugees.* Non-immigrants (temporary visa holders).* Asylum applicants in the US.* People outside the US with no visa status.* People inside the US with no visa status (undocumented people).* Routes to U.S. permanent resident status -* Family-Based immigration: Immediate Relatives and Family Preference Categories.* Employment-Based immigration.* DV (Diversity) lottery.* Asylum/Refugee designation.* Employment-Based Immigration -* EB-1A Extraordinary Ability.* EB-1B Outstanding Researcher or Professor.* EB-1C Intracompany Transferee Manager.* EB-2 PERM Labor Certification.* EB-2 NIW (Matter of Dhanasar).* EB-2 PNIW (Physician National Interest Waiver).* EB-3 PERM (professional, skilled worker, and other worker).* EB-4 Religious Workers.* EB-5 Investors.* Family Immigration -a. Immediate Relatives.b. Family Preference Categories.* Processing Time versus Priority Date/Quota System. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe

This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit webberimmigration.substack.com/subscribe