H-1B Work Visa
Updated USCIS Policy for Child Status Protection Act (CSPA) Age Calculation
The Child Status Protection Act (CSPA) is a crucial immigration law provision that provides relief to children who would otherwise reach the age of majority and lose eligibility for certain immigration benefits. Under CSPA, the age of a child is “frozen” when the initial application for certain immigration benefits, such as adjustment of status to…
Read MoreThe State Department to Launch Pilot Program for H & L Visa Renewal in the US
The H-1B & L-1 visas are most popular visas for foreign workers in the United States. When it comes time to renew the visa, however, foreign workers have traditionally been required to leave the country and apply for a new visa at a US consulate abroad. This procedure can be time-consuming, costly, and inconvenient for…
Read MoreThe Importance of Understanding 212(a)(7)(A)(i)(I) Determination
212(a)(7)(A)(i)(I) is a section of the Immigration and Nationality Act (INA) that outlines the criteria for inadmissibility of foreign nationals seeking to enter or remain in the United States. This section relates to determining whether a foreign national is likely to become a “public charge[1]” in the United States or not having proper paperwork to…
Read MoreTimelines for filing H-1B under “Master’s Cap”
As the fiscal year 2024 (FY2024) H-1B cap season begins, foreign nationals and employers should be aware of some important details about the H-1B advanced-degree exemption, also known as the “master’s cap“. Those who are eligible for the master’s cap can take advantage of this exemption; however, if a petition is filed under the master’s…
Read MoreH-1B Cap Initial Registration for FY 2024 Opens on March 1
US Citizenship and Immigration Services (USCIS) recently announced the start of registration for H-1B cap cases for the upcoming fiscal year. The H-1B cap will be opened at noon Eastern on March 1 and will close at noon Eastern on March 17, 2023. This is a critical opportunity for employers and foreign workers to apply…
Read MoreUSCIS Extends COVID-19-related Flexibilities – perhaps a Final Extension
Certain COVID-19-related flexibilities are being extended by US Citizenship and Immigration Services until March 23, 2023. Under these flexibilities, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive, USCIS considers a response received within 60 calendar days of the due date in the following requests or notices before…
Read MoreUSCIS to Adjudicate H-4, H-4 EAD, L-2 & L-2 EAD alongside I-129
We’ve learned that the US Citizenship and Immigration Services (USCIS) will now adjudicate H-4, H-4 EAD, L-2, and L-2 EAD applications alongside the I-129 petition for the petition for the principal H-1B & L-1. This change, which will apply to applications filed after January 25, 2023, aims to simplify the process of obtaining work authorization…
Read MoreCBP discontinues stamping passports for travelers entering U.S.
Traditionally, a foreign nationals entering the United States by air or sea used to receive a passport entrance stamp or a Form I-94 (record of admission) following a document inspection at the Port of Entry (POE). Once CBP switched from using paper copies of I-94 to electronic ones, the only physical record provided to the…
Read MoreUSCIS Guidance on Employment Based Adjustment Applications
US Citizenship and Immigration Services (USCIS) recently issued guidance on several issues concerning the processing of adjustment of status applications for dependents, the use of Supplement J, and the transfer of files from Field offices. Dependent Adjustment of Status Filing USCIS makes every effort to concurrently adjudicate the cases of the principal and derivative’s application…
Read MoreLayoff of U.S. Workers in the PERM Context
Layoffs of U.S. workers can have big effects on employers in the context of the PERM (Program Electronic Review Management) process for getting permanent labor certification. The rules say that if an employer has fired U.S. workers in the same or a similar job in the area of intended employment within the last six months…
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