NEWS
FY 2024 H-1B CAP Reached
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024. READ MORE
Group of Indian nationals with approved EB-2 petitions Sued over backlogs. The Courts Declined to Change the Status Quo
In consolidated appeals, the court affirmed the district courts’ denials of injunctive relief in cases in which the plaintiffs, a group of Indian nationals with approved EB-2 petitions who have been waiting in a visa queue for more than 10 [...]
How to Submit a Case Assistance Request
The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) assists individuals and employers in resolving difficulties they are experiencing with U.S. Citizenship and Immigration Services (USCIS).
Certain Renewal Applicants for Employment Authorization to Receive Automatic 180 Day Extension
USCIS announced certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. Starting today, those who are [...]
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 [...]