USCIS has updated the USCIS Policy Manual to reflect new guidance on how they determine whether a case warrants expedited treatment. The new guidance is effective immediately. This update: Clarifies the criteria and circumstances under which we generally consider expedite requests from nonprofit organizations as determined by the Internal Revenue Service Provides additional examples of [...]
U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS is also rescinding the 2002 Legacy Immigration and Naturalization Service memorandum entitled, “Guidance on Employment Authorization for E and L Nonimmigrant Spouses, [...]
Washington, DC – In a historic settlement with the Department of Homeland Security (DHS) in Shergill, et al. v. Mayorkas, there will be forthcoming changes made to the Employment Authorization Document (EADs) for H-4 and L-2 dependents. The litigation successfully achieved the reversal of U.S. Citizenship and Immigration Services (USCIS) policy that prevented H-4 [...]
Introduction For the past 10 days, we have been fielding calls from clients who have a compelling need to travel to, or from India. Unfortunately, the Presidential Proclamation[1] that went into effect on May 4th has made an already complex situation, more difficult. The US Embassies in India have suspended all routine non immigrant [...]
U.S. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Non immigrant Worker, made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end [...]
Be it a Republican administration, or one led by Democrats, a common theme appears to be the raw deal handed to non immigrant professionals. While the Biden administration halted midnight regulations including scrapping a wage-based lottery for the H-1B CAP, it has refrained from revoking the ban on the entry of professionals. This ban, imposed [...]
The registration process for the H-1B FY2022 lottery begins shortly and we have some tips and general guidelines for those looking to file this year. Our office is happy to assist you with these filings at no charge (except the $10 registration fee charged by USCIS). Registration Period is from March 09th to March [...]
USCIS today announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations. A confirmation number will be assigned to each registration submitted for the FY 2022 H-1B cap. This number is used solely to track registrations; you cannot use this number to track your [...]
The Biden Administration through White House Chief of Staff Ron Klain, issued a memorandum on January 20th that specifically instructs Agencies that a “Regulatory Freeze Pending Review” is effective as of noon on January 20, 2021 in order to ensure that the President’s appointees or designees have the opportunity to review any new or [...]
The DOL published a final rule adopting, with changes, the interim final rule published at 85 FR 63872. The Rule is amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. The rule is effective 3/15/21. (86 FR 3608, 1/14/21). Read the final rule.