NEWS
USCIS Clarifies How It Handles L-1 Petitions for Intracompany Transferees Filed by a Sole Proprietor and Blanket Petitions
USCIS issued policy guidance to affirm that a sole proprietorship may not file an L-1, intracompany transferee petition on behalf of its owner and to clarify that a petitioning organization that fails to timely file an extension of an approved [...]
Countdown to Nov. 1 is ON! – Make Sure You’re Using the 08/01/2023 Form I-9
Starting Nov. 1, you can only use Form I-9, Employment Eligibility Verification, with the 08/01/2023 edition date. A revised Spanish edition of Form I-9 with an edition date of 08/01/2023 is available for use in Puerto Rico only and by [...]
USCIS Is issuing Five-Year Advance Parole to Individuals Who May Be Eligible for Five-Year EADs
USCIS has begun issuing advance parole documents to applicants valid for five years. The extended validity dates for advance parole may be available to individuals who are now eligible for 5-year EADs under an earlier guidance issued by the USCIS [...]
DOS Expected to begin Stateside Visa Renewal Pilot in Early 2024
On October 17, 2023, DOS sent for review a Federal Register notice entitled Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens to the Office of Information and Regulatory Affairs. This document, [...]
USCIS Proposed Rule to Amend H-1B Regulations
USCIS Notice of Proposed Rulemaking (NPRM) to amend the H-1B regulations. The NPRM states that the changes will “modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures.” The NPRM will be published [...]
USCIS Launches New Online Change of Address Tool
U.S. Citizenship and Immigration Services has launched a new Enterprise Change of Address (E-COA) self-service tool to allow customers with pending applications, petitions, or requests to update their address with USCIS more easily. E-COA will significantly improve the speed and [...]
OFLC Provides Guidance on When Amended LCA is Required
In a series of FAQs, DOL issued a set of Frequently Asked Questions (FAQs), Round 4 – Labor Condition Application (LCA/ ETA Form 9035/9035E), for the H-1B, H-1B1 and E-3 programs. It is important to note that the key element [...]
USCIS Will Conduct Second Random Selection from Previously Submitted FY 2024 H-1B Cap Registrations
The USCIS announced today that they will conduct a second random selection on properly submitted H-1B CAP registrations. We predicted this was a possible outcome early in the year. The USCIS website newsroom stated: In March 2023, USCIS conducted an initial random [...]
The 7 Ps That Guide Us! What it Takes to File a Successful L-1A Intra-Company Transfer Petition
This blog by Attorney Kidambi outlines the rigorous process adopted by the Firm when processing L-1 Petitions. READ MORE
You Don’t have to be Einstein to Play Leapfrog with your Immigration! – How the EB-1 Category Can Help You Get Ahead
Attorney Kidambi addresses the recent retrogression in Visa Numbers and how clients can benefit from filing under the EB-1 category. READ MORE
Here We Go Again! Expedited Roll Out of New PERM Application Could Make Already Complicated Process Worse
AILA member Vaman Kidambi describes the challenges AILA members and others have shared about the expedited roll-out of the new PERM application form, and urges the Department of Labor to slow the roll-out in order to address valid concerns. READ [...]
Significant EB-4 Retrogression Renders Immigration Option Unavailable for R-1 Nonimmigrants
Attorney Kidambi draws attention to the sudden and dramatic retrogression of visa numbers in the EB4 Visa Category and how this is likely to affect Religious Workers (R-1). Kidambi & Associates represents several prominent religious nonprofit organizations and takes pride [...]
The Latest Court Ruling’s Impact On H-1B Spouses And Immigration
A federal judge has ruled in favor of the Department of Homeland Security’s regulation that allows the spouses of H-1B visa holders to work, a significant victory for highly skilled foreign-born professionals, their families and the companies that employ them. [...]
U.S. plans to resume domestic visa renewals for IT Workers
A State Department spokesperson said plans call for resuming domestic renewals in "certain petition-based nonimmigrant work visa categories," which include H and L visas. H-1B visas let employers hire high-skilled foreign workers with a bachelor's or higher degree for two [...]
U.S. proposes ‘huge’ fee increase for most green card applications
Last week, the U.S. Citizenship and Immigration Services ended public comment for a proposed fee increase unveiled by the Biden administration in January. The deadline for public comment was initially set for March 6, but was extended another week until [...]
H-1B CAP registration completed for 2023
H-1B cap selection has been completed for this year. 10 REASONS FOR LOW H-1B CAP SELECTION If you think H-1B CAP selection has been low this year, here are a few things to consider: Unlike paper filed cases, the current [...]
USCIS Extends COVID-19-related Flexibilities
U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through March 23, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking [...]
USCIS Issues Guidance on an Employer’s Ability to Pay
USCIS is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.
State Department Plans Pilot for Domestic Visa Renewal
The State Department will launch a pilot program later this year offering visa renewal options in the US for H-1B specialty occupation workers and other temporary visa holders who are currently required to travel abroad.
Options for Nonimmigrant Workers Following Termination of Employment
USCIS is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations. READ [...]