• Ashenberg Law Group

November 2018 Newsletter

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IMMIGRATION UPDATES

1. Continuation of Worldwide Backlog for EB-1 Green Cards

The U.S. Department of State’s (DOS) most recently released Visa Bulletin for November 2018 shows a continuation of worldwide backlog for EB-1. It is expected for this EB-1 backlog to be “the new normal” for at least through the first half of FY 2019.

Just like the Visa Bulletin for October 2018, USCIS has announced that it would accept adjustment of status applications based on the “Dates of Filing” charts for both family-based and employment-based cases.

The November 2018 Visa Bulletin can be found here.

2. USCIS Policy Manual Update on Validity Period of Form I-693, Report of Medical Examination and Vaccination Record On October 16, USCIS revised the policy guidance for the validity period of Form I-963, Report of Medical Examination and Vaccination Record. As of November 1, 2018, all Forms I-963 submitted with adjustment of status applications must be signed by a civil surgeon no more than 60 days of filing for the underlying application for immigration benefit.

USCIS’s alert can be found here.

3. Facts About Visas: The J-1 Exchange Visitor Program

The J-1 Exchange Visitor Program fosters global understanding through educational and cultural exchanges. Foreign nationals can engage more broadly with Americans and share their own cultures with their U.S. host communities. They are expected to return to their home country upon completion of their program in order to share their exchange experiences. The Program allows for foreign nationals to come to the U.S. to teach, study, conduct research, or receive on-the-job training for a period of a few weeks to a few years.

There is no statutory cap on the number of J-1 visas available annually. J-1 visa eligibility and requirements vary by exchange visitor programs, but all generally require participants to possess sufficient proficiency in the English language, and have medical insurance.

Learn more about the J-1 visa here.

As an introduction, we will focus on two J-1 programs: Trainees and Interns.

J-1 Trainees


Participant Qualifications: Foreign national who 1) has a post-secondary degree or certificate from outside the U.S. and at least one year of work experience in his or her professional field; or 2) has five years of work experience in his or her professional field.

Purpose: For foreign professionals to gain exposure to U.S. culture and receive training in U.S. business practices through a structured and guided work-based program, enhancing their skills and expertise in their academic or occupational fields.

Historical Data: Out of the 10,918 new J-1 Trainees who came to the U.S. in 2017, 341 are from China.


J-1 Interns


Participant Qualifications: Foreign national who 1) is currently enrolled in and pursuing studies at a foreign degree- or certificate-granting post-secondary academic institution outside the United States; or 2) has graduated from such an institution no more than 12 months prior to their exchange visitor program start date.

Purpose: For college and university students or recent graduates to gain exposure to U.S. culture as they experience U.S. business practices in their chosen occupational field, bridging the gap between formal education and practical work experience.

Historical Data: Out of the 26,250 new J-1 Interns who came to the U.S. in 2017, 723 are from China.

Ashenberg Law Group works closely with U.S. State Department-designated program sponsors to help potential students and professionals in China work and experience life in the U.S. as part of cultural exchange. Reach out to us to learn more!

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