August 12, 2020

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August 12, 2020

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August 11, 2020

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August 10, 2020

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Department of State Creates Separate Categories for Visa Cut-Off Dates

Starting with the October 2015 Visa Bulletin, the U.S. Department of State and the U.S. Citizenship and Immigration Services (USCIS) have announced that certain individuals in the permanent residence (green card) process will be able to file the last step of the process, the application for adjustment of status, form I-485, even if their priority date is not current. The impact is significant particularly for Chinese and Indian nationals who have faced significant backlogs, as much as 10 years in some cases, before becoming eligible to file the I-485, adjustment of status, petition.

What all this means is that although applicants can file and pay the filing fees years before the priority date is expected to become current, adjustment of status petitions will not be eligible for adjudication (final action) until the original priority date listed on the approval notice for the I-140 Immigration Petition becomes available. There will still be a long wait for the green card, but applicants will receive the benefits of employment authorization and adjustment portability.

The employment-based categories most impacted by the October Visa Bulletin are:

    EB-2 India: Final Action Date = 5/1/05; Filing Date = 7/1/11
    EB-3 Philippines: Final Action Date = 1/1/07; Filing Date = 1/1/15
    EB-2 China: Final Action Date = 1/1/12; Filing Date = 5/1/14
    EB-3 China: Final Action Date = 10/15/11; Filing Date = 10/1/13

Additional guidance will be forthcoming after a briefing session by USCIS next week. Any affected employees should consider beginning to prepare their documents. This is a developing situation with a number of issues to be resolved.

Read more: http://www.btlaw.com/immigration-law-alert---department-of-state-creates...

© 2020 BARNES & THORNBURG LLPNational Law Review, Volume V, Number 254

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About this Author

One of the consequences of the globalization of world economies is the globalization of human resources. Barnes & Thornburg LLP's immigration practice complements our international and labor and employment practices and serves the needs of both corporate and individual clients by advising them on compliance with current immigration laws, U.S. Department of Labor regulations governing the employment of foreign nationals in the United States, and the movement of international personnel under the NAFTA. Individual clients who seek counsel from the firm's immigration services include,...

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Mercedes Badia-Tavas Immigration Attorney
Partner

Mercedes Badia-Tavas provides legal and business guidance to clients on a broad range of immigration law cases, with focus on Fortune 500 and small companies alike. Mercedes supports her firm’s offices and clients across various states on immigration employment transfers and up-to-date compliance.

As an immigrant herself, Mercedes finds particular fulfillment in helping companies and individuals immigrate to the United States and participate in the American dream through startups and business transactions that also can benefit the U.S. economy.

Mercedes attributes much of her practice today to her dedication to resourcefulness from years of experience, meticulous preparation and organization skills. This entails a thorough understanding of her client’s industry, operations, culture, practices and financial goals in order to lay out realistic expectations and alternative strategies, as needed. Mercedes believes in being organized in her approach and documentation as a way of helping her clients manage costs. She and her team are committed to employing systems-driven tracking, timely updates and follow-ups with clients, and being pragmatic when unexpected issues arise.

Mercedes advises on a range of employment-based immigration needs, including temporary (nonimmigrant) and permanent (immigrant) visas for executives, managers, investors, professionals, aliens of extraordinary ability, and essential, specialized and skilled workers. She works hand-in-hand with clients on their corporate global mobility policies and compliance documentation regarding sponsoring foreign nationals for employment-based visa classifications. She is regularly involved in I-9 Employment Eligibility Verification (EEV) and H-1B Labor Condition Application compliance.

Mercedes also provides in-house and on-site training on immigration planning for personnel transfers, immigration-related due diligence for mergers and acquisitions, consular applications, and naturalization and citizenship initiatives. She guides clients through internal immigration program administration and monitoring, and trains human resource personnel and other managers on the evolving areas of immigration law and practical integration of immigration policies, procedures and compliance statutes to everyday business operations.

Born in Cuba and bilingual in Spanish and English, Mercedes has sincere compassion for and sensitivity to her clients, keenly aware of the legal land mines and tedious pathways they would navigate through the U.S. immigration system. Whether Mercedes is advising on an immigration matter for an individual relocating from abroad, transferring within the U.S. from another employer, entering the U.S. workforce from student status, looking to build a U.S. business or someone part of a cultural exchange program, she provides her experience with the same strong zeal and commitment toward the best outcome.

Notably, Mercedes has been featured on NPR and Spanish-language broadcasts on immigration topics, many of which included audience call-ins. Prior to joining Barnes & Thornburg, Mercedes had built her own legal practice over nine years as the founding partner of Badia-Tavas Law Group, representing similar categories of clients she now services, with a little more individual and family-type immigration cases involved. She has traveled and lived throughout Latin America.

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