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Highly Skilled Foreign Workers Are Unable For File US Green Card

15 Oct 2015


Immigration News

Tens of thousands of highly skilled foreign workers have been left as they are unable to file early application for adjustment of status to an employment-based  US green card visa after the state Dept has revised October Visa Bulletin.  It was originally issued on September 9th without any explanation.

We also find that revised October visa bulletin that has been issued on September 25th has severely restricted as to who could apply.  The overall processing time for the lawful permanent residence would remain unchanged as being able to submit an early application of status that would enable to the applicant to work freely for any employer and make travel much easier.

On 1st October Thursday, tens of thousands highly skilled immigrants thought that they would be able to make early application as part of the process to become legal Permanent residents. Instead, they have been left without the opportunity to apply for US Green card visa. We find numerous applicants have already paid legal as well as medical fees in preparation for lodging an application.

The immigrants who have been affected by the State Department U-turn are mainly from China and India, most of whom do hold advanced degrees, and they have worked for renowned tech companies or have worked in the medical field.

They have hoped that they could file US Green Card Visa application for adjustments of status in few cases earlier than previously expected which enable them to secure work authorization status and thus facilitating to  travel more easily while they wait to obtain Green Cards.

The initial October visa that was published on September 9th has made it possible for more number of immigrants to file for their Greencard application on 1st October.

In 2014, the bulletin was issued in response to an executive order from  Barack Obama, President, This was an attempt made to reform the US immigration system.

It was expected that most foreign workers in the US on employment based non-immigrant visas would benefit from an early filling of employment-based immigrant visas. It was expected that it would help immigrants mainly from China and India and in most cases they would wait for years to obtain Green Card.

In preparation to file, most of them began getting their paperwork in order immediately. We find thousands of dollars were spent on lawyers and necessary medical reports as well as vaccination obtained.

However on September 25th, without warning the USCIS has revised the initial visa bulletin reducing the number of eligible to apply early by presenting new dates of filing for adjustment of status for many migrants to make matter worse for immigrants, the state dept has given no indication as to when they could no longer file early .

After the latest version of the October bulletin might  be in future, they would benefit  from the early filing. 

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