USCIS resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-calendar day processing time. If that time is not met, the agency will refund the petitioner’s premium processing [...]
USCIS will deny Form I-131, Advance Parole applications for abandonment in instances in which the applicant has traveled abroad during the pendency of the application, even if the applicant has a separate valid advance parole document or a valid H, K, L, or V visa to return to the United States. This was not prior [...]
To calculate how long to keep an employee’s Form I-9 after employment is terminated, enter the following: 1. Date the employee began work for pay 1. ________________________ A. Add 3 years to the date on line 1. A. ______________________ 2. The date employment was terminated 2. _______________________ B. Add 1 year to the date on [...]
Nationality Visa Type Number India H-1B 7,903 India H4 10,9015 India L-1 1,654 India L-2 2,315 China H-1B 1,472 China H-4 472 China L-1 419 China L-2 461
USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Download instructions are available on the Form I-9 page. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. On Sept. 18, employers must use the revised form with a [...]
To calculate how long to keep an employee’s Form I-9 after employment is terminated, enter the following: 1. Date the employee began work for pay 1. ________________________ A. Add 3 years to the date on line 1. A. ______________________ 2. The date employment was terminated 2. _______________________ B. Add 1 year to the date [...]
The USCIS announcement dated July 24th does not apply to most H-1B petitions filed and currently pending with the USCIS. Most importantly, it does not include CAP Gap petitions that have to be adjudicated prior to September 30th in order for the employee to continue working. It only applies to petitions that may be exempt [...]
USCIS will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree or higher. Premium processing will resume for petitions that may be exempt [...]
In what appears to be a pattern, the USCIS is questioning whether a position is a specialty occupation by referencing the fact that the labor condition application (LCA) reflects a level 1 wage, indicating that it is an entry-level position that is not specialized or complex. The American Immigration Lawyers Association is aware of this [...]
USCIS announced on May 3, 2017 that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in the computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame [...]