On May 17th, the USCIS announced it had completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption. Now, the Service will begin returning all H-1B cap-subject petitions that were not selected. This process usually takes approximately 8-14 [...]
Each year is different, and this one may be the last when it comes to the present format. The USCIS is changing the H-1B CAP for next year. Employers will no longer be required to file entire petitions to be considered for the CAP next year. In fact, the Service has been trying to change [...]
Mr. G, the president of a multinational company (MNC), wanted me to explore immigration options for a prospective employee (KG). KG is an international student at a U.S. institution, currently in the Optional Practical Training phase of his degree, who works for the branch of the MNC in the U.S. Mr. G wants KG to [...]
The United States Citizenship and Immigration Service (USCIS) has resorted to steadily increasing its demands for evidence and documentation in H-1B proceedings. Oftentimes, the USCIS remains unconvinced, even when Petitioners provide overwhelming documentation and evidence with the initial petition. Requests for Evidence (RFEs) are ten to fourteen pages long and recite a long litany [...]
I shared the outcome of a BALCA appeal with a client who was delighted by its similarity to his own situation; he suggested I share the published decision (now in the public domain) with others who might benefit from the ruling. I demurred until I received this email: Mr. Kidambi, I am an AILA member [...]
The consultation was not going well! Between emotional outbursts berating the USCIS, the young man, originally from India, was trying to explain his situation and clearly not making it any easier on himself. I couldn’t blame him for feeling the way he did. After 12 years of being in this country in H-1B status [...]
USCIS issued two recent policy memos dated June 28th (implementation of this memo has since been postponed) and July 13th (goes into effect September 11, 2018) that have created widespread confusion and panic among H-1B nonimmigrants. Both memos, while not addressing H-1B situations directly, allude to the USCIS’ ability to a) issue denials without having [...]
The CATO Institute predicts an endless wait due to a backlog for Indian immigrants with advanced degrees. The employment-based immigration system appears to be broken. Recently, the USCIS declared in its February 22nd Policy Memo that IT Consulting Companies and their use of third party arrangements may be a “legitimate and frequently used business [...]
Read this memo by Attorney Kidambi to know more about the Employer’s Training Obligation under the STEM OPT program and whether your company could complete Form I-983, Training Plan for STEM OPT Students.
In a letter dated, April 4, 2018, the Director of the USCIS ( Director Lee Francis Cissna was detailed to Chairman Chuck Grassley’s staff at the Senate Judiciary Committee from 2015 until earlier this year) outlined regulatory changes to the H-4 EAD program: With regard to regulations, our plans include proposing regulatory changes to remove [...]