This podcast episode builds on an article I wrote with my colleague and law partner, Tom Oja, which can be found here.
This podcast episode provides an overview on certain topics, so people with advanced knowledge on these topics may be a bit bored!
High Level Ways to Immigration to the US
Family-Based (FB) Immigration; or
Employment-Based (EB) Immigration; or
Asylum/Refugee Status; or
DV (Diversity) Green Card Lottery.
Overall Slow Process Means Most People Come on Temporary Visas First
Current Challenges with PERM.
Employer issues: Layoffs.
Labor market issues: Qualified applicants (especially in IT/Software/Tech).
9141 prevailing wage determinations: Slow and high.
9089 processing: Record slow. More audits?
Current Challenges with EB-2 NIW.
“Pigs get fat, hogs get slaughtered” - particularly on premium process EB-2 NIW cases.
January 2025 Policy guidance and the Death of Dhanasar.
The Promise of EB-1B.
Lack of Employer Awareness and/or Interest
Evergreen Issues with EB-1A and EB-1C.
EB-1A suffers from similar issues as EB-2 NIW in terms of the excesses of self-petitioners.
EB-1C requires working abroad which many people don’t want to do.
The Elephant in the Room: Visa Bulletin Cut-Off Dates.
Persistent Backlogs in EB-2 and EB-3 for all nationalities.
Persistent Backlogs for EB-1 India and China.
No relief in sight.
Share this post