NEWS
L-1
USCIS Releases Policy changes for Employment Authorization for Certain H-4, E, and L Non immigrant Dependent Spouses
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 [...]
Automatic EAD Extension for 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 [...]
Exceptions to Suspension of Entry Due to COVID Surge in India – What to Know and How to Apply for a National Interest Exception Waiver
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 [...]
Rule Designed to Welcome Foreign Entrepreneurs with Non immigrant Visa Option
On May 10th , the Wall Street Journal reported that the Biden Administration is looking to revive an Obama era rule granting foreign investors a nonimmigrant visa option. As a first step, the Administration will formally withdraw the proposed rule published at 83 FR 24415 on 5/29/18, which would have removed regulations on [...]
H/L Dependents, F, H-4 EAD, EADs, Multinational Executive/Manager I-140s Granted Premium Processing
On September 30, 2020 the President signed H.R. 8337 the Continuing Appropriations Act, 2021 and Other Extensions Act, which will fund the government through December 11, 2020. Included in the Act is language from the Emergency Stopgap USCIS Stabilization Act (H.R. 8089), which seeks to address USCIS’s budget shortfall. The relevant language begins on [...]
10 things to know about the Presidential Proclamation
Infographic listing the most important points about the latest Presidential Proclamation.
Presidential Proclamation Limiting Entry of Certain Nonimmigrants
This evening, President Trump issued a proclamation continuing Proclamation 10014 from April 22nd At the outset, here is what you need to know: Most domestic immigration – H-1Bs, L-1s, Os, Ps and all other forms of nonimmigrant visas including, H-1B CAP filings are unaffected Change of Employment and Extensions of nonimmigrant status [...]
Presidential Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market
I am writing to provide you with update on what started as a sensational Tweet two days ago – the plan to “suspend immigration” to the United States. We now know what the plan entails, and I am providing you with a short summary offering a bit more clarity and a way to [...]
USCIS Data on Petition for Nonimmigrant Worker Receipts, Completions, and RFEs from FY 2015-2020
USCIS has compiled data on receipts, completions, RFEs from FY2015 to FY2020 for various employment-based non-immigrant visa categories. Read the statistics here.
USCIS Releases Data on Petition for Nonimmigrant Worker Receipts, Completions, and RFEs
USCIS data on receipts, completions, and RFEs from FY2015 to FY2019 (through 9/30/19) for various employment-based non-immigrant visa categories, including H-1B.
Not So Fast – New Policy Makes Satisfying the One-Year Qualifying Employment for L-1 Harder
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 [...]
Update on USCIS Practice of Denying Pending Forms I-131 for Abandonment Due to International Travel
USCIS recently updated its website with information regarding the agency's practice of denying pending Form I-131 advance parole applications for abandonment due to international travel. Specifically, USCIS indicates on its website that if an applicant files Form I-131, Application for Travel Document, to request an advance parole document and departs the United States [...]
USCIS Clarifies the L-1 One-Year Foreign Employment Requirement
USCIS has published a policy memo clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year foreign employment requirement”). Please see memo (PDF). The policy memo clarifies: The L-1 beneficiary must be physically outside [...]
L-1 Visa Jurisdictional Change
Texas Service Center to Begin Processing Form I-129 for L Visas On February 12, 2018, the Texas Service Center (TSC) will begin processing certain Form I-129, Petition for a Nonimmigrant Worker petitions for L nonimmigrant classification, also known as L visas. The TSC will share this workload with the California Service Center to [...]
USCIS Makes Additional Data on Employment-Based Visa Programs Available in Support of ‘Hire American’ Executive Order
USCIS has posted additional data about the agency’s employment-based visa programs on its website. This new information reflects USCIS’ commitment to transparency in carrying out President Trump’s Buy American and Hire American Executive Order. The L-1 and H1B datasets are now available.
**WARNING**Travel While Advance Parole Application is Pending Will be Considered Abandonment**WARNING
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 [...]
USCIS Publishes Final Rule on Certain Employment-Based Nonimmigrant and Immigrant Visa Programs
USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent [...]
USCIS FEES TO BE RAISED FOR SEVERAL PETITION CATEGORIES – EFFECTIVE DATE 12/23/2016
USCIS published a Fee Increase schedule in the Federal Register today. Applications and petitions mailed, postmarked, or otherwise filed on or after 12/23/16 must include new fee. (81 FR 73292, 10/24/16) USCIS Fee Schedule (pdf) A few important Forms and the corresponding fee increases are listed below: Form From To I-129 $325.00 [...]
H-1B and L-1 Fee Increase** Applicable for a Select Few
On 12/18/15, the President signed into law the omnibus appropriations bill for 2016. Highlights of Business Immigration Provisions of the Act: The bill extends the EB-5, Conrad 30, Special Immigrant Religious Workers, and E-Verify programs through the end of FY2016. Fee Increase: It also includes the following changes to the currently expired H-1B/L-1 [...]
Law Requiring Payment of $2,000/$2,250.00 in Additional Fees Sunsets
The USCIS released this update this morning: H-1B and L-1 petitions filed on or after Oct. 1, 2015, should not include the additional fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347, for certain H-1B and L-1 petitions. The additional fee required by Public [...]