Introduction: On December 3, 2018, USCIS-DHS, published a notice of proposed rulemaking (NPRM) to change the H-1B filing and random selection (read lottery) process. The new process will require employer’s to electronically register to file each prospective petition for their H-1B employees during the designated “registration period”. Prospective employees with a U.S. masters or higher [...]
The United States Citizenship and Immigration Service (USCIS) has resorted to steadily increasing its demands for evidence and documentation in H-1B proceedings. Oftentimes, the USCIS remains unconvinced, even when Petitioners provide overwhelming documentation and evidence with the initial petition. Requests for Evidence (RFEs) are ten to fourteen pages long and recite a long litany [...]
The Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with USCIS during a designated registration period. Under the proposed rule, USCIS would also reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the [...]
The Department of Homeland Security is proposing to amend its regulations governing petitions filed on behalf of H-1B beneficiaries who may be counted toward the 65,000 visa cap established under the Immigration and Nationality Act (“H-1B regular cap”) or beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from [...]
On January 17, 2017, new rules[1] will go into effect to amend, “modernize and improve” certain aspects of the employment based immigrant and nonimmigrant visa programs. Administrative law requires that a Federal Agency (such as the Department of Homeland Security) first publish a Notice of Proposed Rule Making (NPRM) and solicit comments prior to enacting [...]
Over the past couple of months, clients have been emailing and calling to understand when they are NOT required to file an amended petition. For instance, one caller wanted to know what would happen if the employee returns from a project and is stationed at the corporate office for 15 days before being re-deployed to [...]
First, we need to turn our attention to an Administrative Appeals Office decision dated June 29, 2013 from a Vermont Service Center denial. The AAO decision reiterates what the California Service Center stated during an AILA-CSC Liaison Meeting: AILA Info Net Doc. No. 11093037 (Posted 9/30/11): Q. Stakeholders report receiving Notices of Intent to Revoke [...]
Checklist of instructions for filing FY 2015 H1B petitions
In a welcome gesture, on December 4th Speaker Boehner hired Senator McCain’s long time immigration advisor and Director of Immigration Policy of the Bipartisan Policy Center (BPC) – Rebbeca Tallent. In a press release on the Bipartisan Policy Center’s website, Jason Grumet, BPC’s president was very positive in summing up his view of Ms. Tallent’s [...]
Every year since 1976, Lake Superior State University (LSSU) has released a "List of Words Banished from the Queen's English for Misuse, Overuse and General Uselessness". Nominations are offered for words and phrases that are best left out of our vocabulary in the following year. The 2012 List is as follows: 1.Amazing 2.Baby Bump 3.Shared [...]