Employment-Based Visa System Improvements

Yuvora Nong
Helping VA, MD & Washington D.C. clients with all of their immigration law legal needs since 1997.

President Obama’s executive order has included provisions to improve the current US visa system. Many key individuals have identified the current US visa system as both problematic and inefficient.

Employment-Based Visa System Improvements

The USCIS has been directed to take steps to address the backlogs of visa number availability concerning employment-based (EB) permanent residence (green card) cases. To learn more about employment based visas/permanent resident status, visit:

Green Card: Employment Based

Limits of the executive order.

However, visa number limits have been set by law and cannot be changed via an executive order. The intention is to grant the filing of an adjustment of status (I-485) application, before a visa number becomes available. This would require regulatory changes that were not mentioned within the memorandum.

The future of employment-based visas.

With continued due diligence, the USCIS and the U.S. Department of State (DOS) will make sure that all immigrant visas are used each year. With the DOS responsible with the controlling and issuing of immigrant visa numbers, they will be making improvements with the visa bulletin system; furthermore, the USCIS regulations will be modified fittingly.

Visa petitions valid, even when changing position.

Another goal is to provide foreign national beneficiaries with more stability within the immigration process. One way to do this is to allow more situations where an individual’s visa petitions remains valid even when they change jobs, reducing their dependence on a single employer. This is just one change that the USCIS is being directed to consider in regards to assisting beneficiaries of approved employment-based visa petitions.

Visa process will still be complicated

New actions taken to help improve the current US visa system will benefit individuals who qualify. The process of overhauling the current visa system will take time. Even with improvements, acquiring a visa will still be competitive and it is unknown what new complications could arise. Errors or mistakes made during filing could harm your chances of receiving an approved visa.

Are You Concerned About How Executive Orders On Immigration Can Impact Your Life?

If you feel recent Executive Oorders On Immigration will impact your legal status within the United States you need to speak with an experienced immigration attorney as soon as possible. Please contact us online or call our Vienna, Virgnia office directly at 703.991.7978 or our Rockville, Maryland office at 301.637.5392 to schedule your free case consultation.

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