NEWS
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 [...]
Will You Make the H-1B CAP in 2023?!
On March 12, 2008, Bill Gates appeared before Congress and testified that the H-1B CAP “is arbitrarily set and bears no relation to the U.S. economy's demand for skilled professionals.” He also famously urged Congress to increase the H-1B CAP [...]
Will You Make the H-1B CAP in 2023?!
2023 appears to be a year where we finally see some balance in the way the H-1B CAP is utilized. Hopefully, you are among the lucky ones who get picked in this year’s lottery. Read more - https://www.linkedin.com/pulse/you-make-h-1b-cap-2023-vaman-kidambi
FY 2024 H-1B Cap Initial Registration Period Opens on March 1 – $10 FEE REMAINS UNCHANGED
U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. During this period, prospective petitioners [...]
USCIS Announces Final Phase of Premium Processing Expansion [EB-1C – Now, F-1 OPT (coming)]
USCIS announced that: U.S. Citizenship and Immigration Services is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. Unlike previous phases of the expansion, this phase [...]
H-1B CAP Registration Fee of $10 May Remain the Same for 2023
The proposed fee increase announced recently by the USCIS is currently in the 60-day comment period which ends on March 6, 2023. If there are enough comments to offset some of the increases, there could be delays while the USCIS [...]
USCIS Issues Proposed Rule to Adjust Certain Immigration and Naturalization Fees
The proposed fee rule is the result of a comprehensive fee review at USCIS. That review determined that the agency’s current fees, which have remained unchanged since 2016, fall far short of recovering the full cost of agency operations. USCIS [...]
RFE – The Acronym that Continues to Confound and Bewilder Practitioners
Attorney Vaman Kidambi shares insights into the confusion surrounding "Requests for Evidence" (RFEs) and how seemingly extremely similar, if not identical, cases result in different outcomes, urging USCIS to reengage with stakeholders on this issue. https://thinkimmigration.org/blog/2022/11/30/rfe-the-acronym-that-continues-to-confound-and-bewilder-practitioners/
Proposed Fee Rule Frequently Asked Questions
USCIS conducted a comprehensive fee review as we are required to do every two years by federal law and determined that current fees do not recover the full cost of providing adjudication and naturalization services. Therefore, the Department of Homeland [...]
List of USCIS Forms and Fee Increases
The Department of Homeland Security (DHS) proposes to adjust certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). Written comments must be submitted on this proposed rule on or before March 6, 2023. The [...]
Let us Show you the R-O-P-Es! Additional Nonimmigrant Visa Options for Specific Purposes
Kidambi & Associates offers clients a variety of options when it comes to visa processing. Our knowledge and experience extend to additional nonimmigrant visa options that may fit your needs. Here are a few that we would like to discuss [...]
Making Hay While the Moon Shines! Employee’s Remote Work Gives Rise to “Moonlighting” Issue
We have seen the number of concurrent H-1B petitions continue to rise. As stated earlier, while the USCIS has no regulations that prevent an employer from filing a concurrent H-1B for full time employment, it does require a schedule of [...]
Slowing Down is the new “Normal” – The Ever-Increasing Backlogs in Immigration Processing
On September 28th, the Service made an announcement to automatically extend Green Card validity during a pending extension to 24 Months. The Service also announced that it began printing amended receipt notices for individuals with a pending Form I-90. While [...]
How Do I Qualify for EB-1? Simple Steps in Evaluating Eligibility for the Employment-Based First Preference
For India, the wait times for EB-2 and EB-3 (Final Action – April 2012) show no signs of abating. The short respite when EB-3 priority date galloped ahead and was at January 2015 (Filing Action) on the Visa Bulletin for [...]