Shihab Immigration News: March 2015

The Law Firm of Shihab & Associates
Shihab Immigration News: March 2015
Gus M. Shihab
Our purpose here is to bring you the latest and most relevant immigration news. Immigration law is in constant flux, and we want to help you stay on the cutting edge of the field.

Gus M. Shihab, Esq.
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Whether you are an executive employing foreign professionals, a scientist, a professor, a small business owner, a multinational manager, or a U.S. citizen pursuing an immigration case for a relative or loved one, our lawyers possess the legal skills and sensitivities needed to achieve your goals. It is of utmost importance that you, the client, are assured that your immigration lawyer has your best interests in mind and at heart, and that he or she will conclude your matter quickly, competently, and in an affordable manner. Gus M. Shihab, Esq. and the attorneys at The Law Firm of Shihab & Associates hold these values at the forefront.
H-1Bs are not Displacing American Workers
We have argued that Congress should raise the H-1B visa cap. American tech leaders have said that doing so will increase their global competitiveness. Despite Congress' inability to agree on comprehensive immigration reform, bipartisan support for raising the cap in a standalone bill or amendment had been growing.

Unfortunately, this support has begun to erode. People who believe that the H-1B program is harmful, even at its current cap, have gone to Congress to make their views known. They claim that H-1B workers have caused layoffs in the technology field.* They seem to think that only greed through the desire for cheap labor could lead one to support raising the cap. We strongly disagree.

*The people who went before Congress were generalizing on the whole program from only one case of layoffs. Even this case, however, provides little reason to blame the H-1B program. We have an article about this specific case here

(Our Monthly Update)
Processing Times
Following its monthly release, we break down and analyze the Visa Bulletin. This document is how the State Department announces who is eligible to petition for permanent residence. We also provide other relevant case processing time information.


Over the past two bulletins, the EB-2 date for India has advanced 16 months, and it is expected to go further. It is now September 1st 2007, and we believe it will advance by at least 3 - 4 months in each bulletin until it reaches 2009, where it was before retrogressing. India's EB-3 date (of January 8th 2004), however, is not likely to speed up any time soon. There are over 9000 India EB-3 cases for the government to adjudicate before the date can reach 2006, but only around 3000 can be handled each year.



The EB-3 retrogression combined with continued EB-2 advancement as brought an end to the strange situation in which EB-3 was the more attractive option. The EB-2 date has made it to April 1st 2011 while EB-3 was pushed back to January 1st of the same year. Consequently, there is no more incentive for downgrade petitions. (The retrogression won't hit until next month, so there is still some time to avoid it.) The behavior of these two dates is unpredictable at this time. We must wait to see how these movements will affect demand.


Also, an EB-5 cutoff is expected no later than June.


All Other Areas
The EB-3 date for all areas other than India and China is still making great progress, as additional demand hasn't materialized. The date has now reached October 2014--and could hit 2015 in the next bulletin.

Read more here...  


Above is an analysis of Employment Based immigration categories. For our analysis of Family categories, click here.

Debated in Congress
Some Republicans in Congress are doing everything they can to undermine President Obama's immigration executive action plan. While it is understandable for them to be upset over being shut-out of shaping immigration policy, we take the President's side here.

For one reason or another, immigration is one of the many issues on which the Whitehouse and Republicans have been unable to find common ground. It is also an issue that has desperately needed attention for over a decade. The four bills we analyze in this article show that at least on the subject of immigration, the right wing of the House Republican Caucus cannot be trusted.