NEWS
ICE Expands STEM List
DHS announced an expanded list of science, technology, engineering, and math (STEM) designated-degree programs that qualify eligible graduates on student visas for an optional practical training (OPT) extension. This announcement builds on a series of administrative reforms designed to further [...]
USCIS Provides New Online Study Materials for N-400 English Test
USCIS has provided a new online resource page providing new videos, publications, and practice tests aimed at helping people prepare for the English language test portion of the form N-400 eligibility interview. Get the Naturalization Study Materials for English Test [...]
USCIS Q&As on Extension of OPT and Cap-Gap Regulations
USCIS Q&As, updated 3/29/12, on post-completion optional practical training (OPT) and F-1 status under cap-gap regulations that permit the automatic extension of F-1 student status for certain students with pending or approved H-1B petitions. Extension of OPT and Cap-Gap regulations
Charting H-1B users, as attention shifts to L-1
A news article from ComputerWorld reports that as H-1B visa use stagnates, experts say changes to less strict L-1 could bring U.S. job losses. For sure, the H-1B occupies the center of the workforce visa debate. But there has been [...]
DOL Releases New FAQ on H-1B, H-1B1 and E-3 Programs
Department of Labor publishes revised Frequently Asked Questions (FAQ) for the H-1B, H-1B1 and E-3 Programs.
USCIS Issues Guidance Memorandum on Establishing the “Employee-Employer Relationship” in H-1B Petitions – Revised March 12, 2012
On Jan. 8, 2010, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. This was updated on March 12, 2012. [...]
R-1 Visa Memorandum
This memorandum provides instruction to Immigration Service Officers who adjudicate R-1 nonimmigrant petitions for aliens who are coming to the United States temporarily to perform religious work, and their dependents. This memorandum outlines the procedure to be used for recapturing [...]
New Validation tool (VIBE) Questions & Answers
Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS's adjudications of certain employment-based immigration petitions. Questions and Answers about VIBE
How to Access and Update information in the VIBE in the Event of an RFE
Validation Instrument for Business Enterprises (VIBE) is a Web-based adjudication tool used by USCIS to validate basic information about companies or organizations petitioning to employ certain alien workers. When a company or business is not found on VIBE, it may [...]
Significance of Establishing a Priority Date
During the entire Green Card process, the Priority Date (PD) assumes special significance. It is this date that is used to determine when an applicant may file for Adjustment and finally adjudication to become a permanent resident. In PERM based [...]
New Proposed Rule Will Offer Longer L-1 Validity Periods based on Reciprocity Schedules
Why is the Department promulgating this rule? Current Department regulations require that L visa duration be limited to the validity period of the petition, which, under Department of Homeland Security (DHS) regulations, cannot exceed three years. Petitioners may apply to [...]
AILA Survey and Consular Issues in H-1B Visa Issuance
This office participated in an AILA survey for the AILA/Department of State Liaison Committee for an upcoming meeting with DOS. The submission through this survey is not meant for individual case resolution, but rather is being used for an overall [...]
Office of Special Counsel Issues Best Practices during Worksite Enforcement Audits
Employer Best Practices During Worksite Enforcement Audits DO Develop a transparent process for interacting with employees during the audit, including communicating with employees that the employer is subject to an ICE audit. Provide all workers with a reasonable amount of [...]
USCIS to Propose Changing the Process for Certain Waivers
On Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while [...]
NY Times Article (January 7, 2012) Reports Easier Route to Green Card Proposed for Some
Today, January 7, 2012, the New York Times reports the Obama administration officials announced on Friday that they will propose a fix to a notorious snag in immigration law that will spare hundreds of thousands of American citizens from prolonged [...]
The U.S. Consulate General in Chennai will no longer process Immigrant Visa petitions
The U.S. Consulate General in Chennai will no longer process Immigrant Visa petitions as of January 1, 2012. The U.S. Embassy in New Delhi and U.S. Consulate in Mumbai will become the only acceptance centers in India for Immigrant Visas. [...]
ICE Guidance on Procedure When School Loses SEVP Certification
What to do if your school is no longer SEVP certified If you attend an SEVP certified school that has been automatically withdrawn from SEVIS certification as a result of SEVP’s ongoing recertification process please: Don’t panic! Contact your designated [...]
F-1 Students – Go Straight To School
17 Egyptian students learned the hard way that U.S. Immigration laws are not to be trifled with. Having arrived here in July to study U.S. History and Culture with some English language training at the Unversity of Montana, 11 of [...]
DHS Announces New Initiative to Streamline International Student Visa Process
DHS announced a new initiative to streamline the international student visa process for foreign students seeking to study in the United States. The Study in the States initiative is a key component of a government-wide effort to encourage the best [...]
Redesign of the Employment Authorization Document and Citizens
U.S. Citizenship and Immigration Services (USCIS) announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Form N-560, Certificate of Citizenship, with new features to enhance security and deter fraud. As part ongoing efforts by USCIS to [...]