The Maze: A Podcast about US Immigration Law

* 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 w...

* Why a Ph. D.? * Distinctive qualifications to find a job. * Opportunity to build qualifications for self-petition and O-1. * “Criteria for Demonstrating Extraordinary Ability In 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 inte...

* 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 authori...

* 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/busines...

* 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 publi...

December 2016: Matter of Dhanasar January 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...

1990: Immigration Act 1998: Matter of NYSDOT 2014/November: Jeh Johnson Memo2016/December: Matter of Dhanasar 2022/January: Biden “Force Multiplier” Memo for EB-2 NIW and STEM 2023/January: Expansion of Premium Processing 2023/October: Biden Executive Order on Artificial Intelligence 2024/April: USCIS fee increases, including the asylum program fee 2024/December: What is happening? Are we going ba...

* 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...

* 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 a...

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