NEWS
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In May 2015, the USCIS issued draft guidance following a precedent decision in Matter or Simeio Solutions, LLC (26 I&N Dec. 542 (AAO 2015)) on when to file amended H-1B petitions.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 [...]
USCIS Updates Guidance on National Interest Waivers
USCIS announced updated guidance on adjudicating requests for “National Interest Waivers” regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. This includes discussing the unique considerations for persons with advanced degrees in [...]
Opportunity for Academic Training Extensions for J-1 College and University Students in STEM Fields
The Directorate of Private Sector Exchange (Private Sector) is announcing an initiative for College and University Student-category exchange visitors participating in academic training in the fields of science, technology, engineering, and mathematics (STEM). This opportunity is in response to the [...]
USCIS Issues Policy Alert for O-1 Nonimmigrant Status for Persons of Extraordinary Ability or Achievement
USCIS is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on persons in science, technology, engineering, or mathematics (STEM) fields, as well [...]
2022-Annual Update of the HHS Poverty Guidelines
Health and Human Services (HHS) notice providing the annual update of the HHS poverty guidelines to account for last calendar year’s increase in prices as measured by the Consumer Price Index, effective 1/12/22. (87 FR 3315, 1/21/22)
USCIS Announces Exceptionally High Number of Employment-Based Visas Available in FY2022
USCIS updated its website to note that there are an exceptionally high number of employment-based visas available this fiscal year, October 2021 to September 2022. There are many more visas available in the first and second employment-based categories than AOS [...]
USCIS Provides Updated Criteria for Determining If a Case Warrants Expedited Treatment
USCIS has updated the USCIS Policy Manual to reflect new guidance on how they determine whether a case warrants expedited treatment. The new guidance is effective immediately. This update: Clarifies the criteria and circumstances under which we generally consider expedite [...]