H-1B Petition Rejected – F-1 Student Options

2018-03-03T17:39:26+00:00May 27, 2014|

If an H-1B petition filed on your behalf did not make the 'Random Selection Process', you have certain options. If you are currently in F-1 status with an OPT, students in STEM programs could immediately apply for a 17-months extension of Optional Practical Training. A. Eligibility for STEM extension: The student must have a bachelor's, [...]

Dealing with the ‘Abandonment’ of LPR status

2018-03-07T17:52:30+00:00May 19, 2014|

Immigration attorneys often encounter a lawful permanent resident (LPR) who wants to return to the United States after spending considerable time in his or her home country. The person may have left with the intention to return promptly to the United States, but remained unexpectedly due to personal obligations or other circumstances. Generally, an LPR [...]

H-4 Spouses Employment Authorization – Advanced Copy of Proposed Rule

2018-03-19T17:26:45+00:00May 9, 2014|

DHS issued advance copies of two proposed rules for foreign high-skilled workers, including a rule that would extend the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants and a rule to update the regulations for H-1B1, CW-1, E-3 nonimmigrants, and EB-1 immigrants. Courtesy - AILA. Read the proposed rule to [...]

DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants

2018-03-03T17:43:13+00:00May 7, 2014|

As part of the Administration’s continuing commitment to attract and retain highly skilled immigrants, the Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups of highly-skilled workers by removing [...]

BALCA Finds Employee’s Letter Sufficient Evidence of Required Skills

2018-03-07T17:28:15+00:00Apr 3, 2014|

BALCA found that the employee's letter affirming her knowledge of programming and other skills was sufficient where the audit asked the employer to "provide documentation" without specifying the type of documentation or indicating that the letter must be notarized. (Matter of PARC, 4/2/14). Read the BALCA case here.

USCIS revises Application for Naturalization Form, N-400

2018-03-07T17:57:23+00:00Mar 25, 2014|

USCIS released a revised Form N-400, Application for Naturalization. The revised form is now available at www.uscis.gov/n-400. On Monday, May 5, 2014, USCIS will no longer accept older versions of Form N-400. USCIS will reject and return previous versions of Form N-400 submitted after May 5, 2014.

New FAQ regarding notification and consideration of laid-off U.S. workers for PERM applications

2018-03-07T17:30:29+00:00Feb 24, 2014|

DOL FAQ addressing how an employer is to demonstrate that it notified and considered laid-off U.S. workers for the job opportunity listed on the ETA Form 9089.  (updated Feb 21, 2014).  The DOL FAQ can be found at:  http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm How detailed does the recruitment report have to be with respect to the lawful, job-related reasons [...]

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