The Maze: A Podcast about US Immigration Law

* Quotas (annual limits): Non-immigrants versus immigrants * PERM labor certification versus PERM-exempt. * I-140 approval. * H-1B status beyond six years in 3 year increments. * Not available to L-1. * H-4 EAD work authorization. * Retention of priority date - * Upgrades; * Downgrades. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes,...

* Overview of EB immigration options generally. a. Labor Market test. b. Exemption from Labor Market test. * Self-petition options (Exempt from Labor Market). * Employer options (Exempt from Labor Market). * Key Differences between EB-1A versus EB-1B. * General requirements. * Employer-sponsored. * “a department, division, or institute of a private employer if the department, division, or institut...

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* Issues that Relate to Everyone: a. Temporary Visas. b. Strategies for U.S. Permanent Residence. * Physicians: a. Temporary Visas: J-1 clinical, J-1 research, H-1B, O-1. b. Strategies for U.S. Permanent Residence: Employer sponsorship, self-sponsorship (including P-NIW), marriage to a U.S. citizen. * Researchers: a. Temporary Visas: F-1, J-1 research, H-1B, O-1. b. Strategies for U.S. Permanent R...

* May 21, 2026, Policy Memo on Adjustment of Status as Administrative Grace (PM-602-0199): Here * “Failure to depart” as a negative discretionary factor. * August 15, 2025, Policy Memo on Good Moral Character Standard for Naturalization (PM-602-0188): Here * August 19, 2025, Policy Alert on Anti-Semitic/Anti-American Behavior as “overwhelmingly negative” discretionary factor (PA-2025-16): Here * S...

* Felonious Gru and the Freeze Ray. * USCIS Pause Policies: * 39 Countries full pause. * 75 Countries - immigrant visa processing pause. * Visa Bulletin Cut-Off Dates. * Fiscal year starts October 1. * Two Charts: Chart B early in the Year, then Chart A. * India, China, RoW (Rest of World), Mexico EB-3, Philippines EB-3 * “C” (Current) versus “U” (Unavailability) * The importance of Spillover and...

* U.S. Citizens: Passport cards and I-130s. * Green Card Holders: Copies of green cards and re-entry permits. * People in the United States on Temporary Visas: * Caution in international travel. * Visa processing - scrutiny on social media and political views. * Pause policies implicating 39 countries + “List of 75 Countries” * Challenges in Obtaining an approved I-140: * Slow PERM. * High rate of...

* 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...

[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...

* 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...

* 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 o...

* 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 c...

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...

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...

I. U.S. Citizens: * Valid U.S. Passports; * Registering with the U.S. Department of State while abroad: STEP II. 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. *...

* 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 co...

* 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 an...

* 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 M...

* 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 speci...

* 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'...

* 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 subscri...

* 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...