NEWS
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 [...]
Why Can’t my Parents Come and See their Grandson?! Immigrant Families must wait Years for a Visitor Visa
Investments in U.S. companies have been stalled due to the nonavailability of visas to allow legitimate visitors to enter and pursue investment opportunities. More importantly, the State Department is failing thousands of American citizens whose families are unable to visit [...]
The Kumars May Have to Go Home! The Dire Consequences of Delays in DOL’s PERM Processing
Most H-1B nonimmigrants who have been in the U.S. for over 5 years run the risk of not being able to extend their H-1B Visa beyond the sixth year. This is due to inordinate delays at the Department of Labor [...]
USCIS Reaches Fiscal Year 2023 H-1B Cap
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) 2023. We have [...]
When Not to File an Amended H-1B Petition
In May 2015, the USCIS issued draft guidance following a precedent decision in Matter or Simeio Solutions, LLC (26 I&N Dec. 542 (AAO 2015)) on when to file amended H-1B petitions. However, in 2020 following the IT Serve Alliance case, [...]
USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The increase, which will be effective [...]
USCIS Service Center Expands Credit Card Payment Pilot Program to All Forms
As part of USCIS’ credit card payment pilot program, the USCIS service centers are now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for all forms. The goal of this pilot is to bring USCIS one [...]
Reminder: DHS To End COVID-19 Temporary Policy for Expired List B Identity Documents
DHS is ending the COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, Employers will no longer be able to accept expired List B documents. DHS adopted the temporary policy in response to the difficulties many individuals experienced [...]
7 Things to Know About the H-1B CAP
The registration process for the H-1B FY2022 lottery begins shortly, and we have some tips and general guidelines for those looking to file this year. Our office is happy to assist you with these filings at no charge (except the [...]
5 Ways of Improving Your Chances of Filing a Successful H-1B CAP Petition
In 2020 the USCIS implemented a new electronic H-1B CAP registration process. What was once a painstaking process of filing entire petitions with filing fee checks (not to mention legal expenses), has now been simplified. In this linked in immigration [...]
“Remember who you are!” A Nation in Need of Knowing its History
In this blog post, AILA member Vaman Kidambi shares insights into the new USCIS mission statement and how it recognizes and honors our nation's diversity; he also highlights the important work of the American Immigration Council's Center for Inclusions and [...]
How To Create a myUSCIS Account for H-1B CAP Electronic Registration
Prospective H-1B cap-subject petitioners or their representatives are required to use a myUSCIS online account to register each beneficiary electronically for the selection process and pay the associated $10 H-1B registration fee for each registration submitted on behalf of each [...]
H-1B CAP REGISTRATION STARTS MARCH 1ST
FY 2023 H-1B Cap Initial Registration Period Opens on March 1 U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through [...]