NEWS
DOS Issues Update on Travel Restriction for Dual Nationals of Restricted Countries
The DOS clarified that the Executive Order (13769 on Protecting the Nation from Terrorist Attacks by Foreign Nationals) does not restrict the travel of dual nationals from any country with a valid U.S. visa in a passport of an unrestricted [...]
Travel Ban, Rigorous Vetting, Green Card Renunciation – WHAT YOU NEED TO KNOW
Over the past 48 hours there has been a flurry of immigration related activity in the news, at our airports. Immigrants traveling to, or returning from visits abroad have been put through increased scrutiny at international airports. Here is a [...]
Executive Order on H-1Bs and Other Nonimmigrant Visas Imminent
According to a report by Bloomberg, “President Donald Trump’s clash with Silicon Valley over immigration is about to become even more contentious.” We are now awaiting an Executive Order that may seriously impact H-1B Visas and other nonimmigrant Visa categories [...]
Latest Update on H-1B Executive Order
White house press secretary Sean Spicer was just responding to a direct question on whether the President is likely to issue an Executive Order on the H-1B visa. Here's his response: With respect to h1bs and other visas, it is [...]
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 [...]
E-Verify User Manual for Corporate Administrators
USCIS provides an updated M-1053, E-Verify User Manual for Corporate Administrators which provides guidance on E-Verify processes and outlines the rules and responsibilities for corporate administrators enrolled in E-Verify. Read the updated E-Verify User Manual
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 [...]
Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations
ALERT: Effective May 10, 2016, DHS is amending its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Such F-1 students [...]
Revised version of Form N-400, Application for Naturalization
As of April 13, 2016, USCIS revised Form N-400, Application for Naturalization. The revised version is available at uscis.gov/n-400. You may continue to use the 9/13/13 edition of the form until August 9, 2016. USCIS reject and return previous versions [...]
SEVP Webinar on STEM OPT 24-Month Extension Final Rule
On 3/11/16, DHS published a final rule on the OPT program for students in STEM fields. The new STEM OPT extension is a 24-month period of temporary training and replaces the 17-month STEM OPT extension, and takes effect on 5/10/16. [...]
SEVP Unveils Online STEM OPT Hub and Resources on DHS Final Rule
The Student and Exchange Visitor Program (SEVP) released a STEM OPT hub page on the Study in the States website, to help school officials, students, and employers understand the new DHS final rule on OPT for F-1 students. The [...]
FAQ on Employment Authorization for Certain H-4 Dependent Spouses
On February 26, 2015, USCIS hosted a teleconference about new regulatory changes, effective May 26, 2015, that extended eligibility for employment authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants who have already started the process of seeking [...]
DHS Final Rule Offers More Flexibility to Students – Highlights
The Department of Homeland Security is issuing a final rule that will allow certain foreign students with science, technology, math, or engineering (STEM) degrees to extend their optional practical training or "OPT" period by 2 years, on top of the [...]
DHS Final Rule on OPT For STEM Students and Cap-Gap Relief effective May 10, 2016
DHS released the final version of the revised STEM optional practical training (OPT) rule today. It will go into effect on May 10th. The final rule will allow F-1 STEM OPT extensions of up to 24 months, replacing the current [...]
Known Employer Pilot Program Test
The USCIS has created the Known Employer pilot to assess a way to streamline the process for employers seeking to hire certain workers through employment-based visa categories. By modifying the process by which USCIS reviews an employer’s eligibility to sponsor [...]
BALCA Overturns Denial, Says Advertisement of the Occupation Rather than Particular Position is Acceptable
BALCA upheld denial where the employer submitted a recruitment report signed by its agent, as opposed to itself, in direct violation of 20 C.F.R. §656.17(g)(1) which requires either the employer or its representative to sign the recruitment report. (Matter of [...]
BALCA Overturns Denial Where Employer Name on 9089 Did Not Match That on SWA Job Order
BALCA overturned the denial, holding that a minor typo in the employer name on the SWA job order did little to confuse potential applicants about the employer's identity or undermine the employer's §656.10(c)(8) attestation. (Matter of SWDWII LLC, 1/29/16). Read [...]
Webinar- H-1B – Lessons From FY2016 – How to Prepare for FY2017 H-1B Season
Please register for H-1B – Lessons From FY2016 - How to Prepare for FY2017 H-1B Season on Feb 12, 2016 12:00 PM EST at: https://attendee.gotowebinar.com/register/8654143144839593217 The idea behind this webinar is to harness the valuable experience learned from processing H-1Bs [...]
Apply for DACA(Deferred Action for Childhood Arrivals program)
El Programa de Consideración de Acción Diferida para los llegados en la Infancia (http://www.uscis.gov/es/acciondiferida) provee protección de deportación por dos años (con una posible extensión de dos años más) y permiso de trabajo. Las personas que califican para este beneficio [...]
BALCA Orders Grant of Certification Because SWA Job Order Is Not Controlled by 656.17(f)(6)
BALCA ordered certification to be granted despite a divergence of duties between Form ETA 9089 and the SWA job order, finding that 656.17(f) only applies to the required newspaper or professional journal. (Matter of Pinnacle Technical Resources, Inc., 1/21/2016). Read [...]