NEWS
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 [...]
USCIS Releases Policy changes for Employment Authorization for Certain H-4, E, and L Non immigrant Dependent Spouses
U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance in the USCIS Policy Manual to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS is also rescinding the 2002 Legacy Immigration [...]
Automatic EAD Extension for Nonimmigrant Spouses
Washington, DC – In a historic settlement with the Department of Homeland Security (DHS) in Shergill, et al. v. Mayorkas, there will be forthcoming changes made to the Employment Authorization Document (EADs) for H-4 and L-2 dependents. The litigation [...]
White House Rescinds Current Regional COVID Travel Bans and Imposes Vaccination Requirement
On October 25, 2021, President Biden announced a presidential proclamation titled “A Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic”. Effective on November 8, 2021, at 12:01 am (ET), the proclamation moves away from country-by-country [...]
Yasmin Blackburn, Esq. Appointed to The National Diversity, Equity, and Inclusion Committee
Kidambi & Associates, P.C. is proud to announce that Attorney Yasmin A. Blackburn, who has been with the Firm for over 17 years and is a Senior Associate, has been appointed to The National Diversity, Equity, and Inclusion Committee [...]
WORKING THROUGH THE PANDEMIC – Office Working Hours and Petition Filing Procedure
Dear Client, Your immigration is our priority. Please stay safe while we continue to assist you during this global crisis. In keeping with the nationwide trend, our office has resorted to a hybrid model of working in person and [...]
Winning Back-to-Back Approvals for EB-1A (Extraordinary Ability) and EB-1B (Outstanding Researcher)
By Matthew Snyder, Esq. Of the employment-based immigrant visa categories, the First Preference category has a certain sense of mystique and fascination. Intentionally, the USCIS regulations sets the bar very high for this employment based category. For the EB-1A, which [...]
Yasmin Blackburn, Esq. Appointed to National AILA Liaison Committee
Kidambi & Associates, P.C. is proud to announce that Attorney Yasmin A. Blackburn, who has been with the Firm for over 17 years and is a Senior Associate, has been appointed to The National Department of Labor Liaison Committee by the [...]
Exceptions to Suspension of Entry Due to COVID Surge in India – What to Know and How to Apply for a National Interest Exception Waiver
Introduction For the past 10 days, we have been fielding calls from clients who have a compelling need to travel to, or from India. Unfortunately, the Presidential Proclamation[1] that went into effect on May 4th has made an already [...]
USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants
Effective May 17, 2021, U.S. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, [...]
Rule Designed to Welcome Foreign Entrepreneurs with Non immigrant Visa Option
On May 10th , the Wall Street Journal reported that the Biden Administration is looking to revive an Obama era rule granting foreign investors a nonimmigrant visa option. As a first step, the Administration will formally withdraw the proposed rule [...]
USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos
U.S. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Non immigrant Worker, made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion [...]
Why We Need to Recognize Black History Every Month
By Yasmin Blackburn, Esq. As a first-generation immigrant from Panama, Black History Month was hard to understand. Why was it relegated to the shortest and coldest month of the year? For instance, at home, we “celebrated” black history all [...]
Time to Lift the Ban – Scapegoating Professional Visas Hurts the Economy and Stifles Innovation
Be it a Republican administration, or one led by Democrats, a common theme appears to be the raw deal handed to non immigrant professionals. While the Biden administration halted midnight regulations including scrapping a wage-based lottery for the H-1B CAP, [...]
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 [...]