USCIS Challenged: Court Considers Restrictive H-1B Policies

A lawsuit filed by ITServe Alliance came to court for pre-trial proceedings on May 9th, bringing forth arguments against the United States Citizenship and Immigration Service (USCIS) and the Service’s policies that continue to produce H-1B visa denials. While there continues to be several restrictive USCIS policies, this lawsuit brings forth the issue of H-1B…

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USCIS & DHS Takedown Immigration Fraud Scheme Directed at Families

In Florida, federal prosecutors and the United States Attorney Maria Chapa Lopez announced indictment charges for Erika Paola Intriago, of Tampa, Florida. Intriago stands accused of four counts of wire fraud and three counts of wrongfully using government seals. Allegedly, Intriago posed as an immigration attorney through social media, manipulating immigrants and immigrant families from…

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I-94 Format Change: Arrival/Departure Form Number

The United States Customs and Border Patrol (CBP) updated guidance for I-94 and I-94W Arrival and Departure forms. Beginning May 2019, I-94 records will be alphanumeric, a change from the strictly numeric 11 digit system. Depletion of Numeric-Only I-94s Codes The record numbers for form I-94s are essential in any immigration application. While I-94 remain…

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DOL Investigations Yields Order for H-1B Backpay

A United States Department of Labor (DOL) investigation has resulted in a federal order for a Minnesota technology company to pay an engineer back wages to the amount of $43,336. A federal judge ruled against the company, citing violations to H-1B wage regulations. The Case The DOL Labor’s Wage and Hour Division (WHD) and its…

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The $5 Billion Behind H-1B: NFAP Report

Several media sources, and employers across the nation, were surprised when the National Foundation for American Policy (NFAP), a non-partisan research group, released aggregated data from the last two decades of H-1B filings. Since Fiscal Year 1999, H-1B fees payed by employers totaled nearly $5 billion. The report, released early April, highlights many of ways…

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USCIS Resumes H-1B Premium Processing: 2018 Filings

Recently the United States Citizenship and Immigration Service (USCIS) announced that the service would resume premium processing on February 19thfor those regular pool H-1B petitions filed on or before December 21stof 2018. This announcement follows an earlier resumption of premium processing for fiscal year 2019 masters-cap petitions. Those petitioners who have received a transfer notice…

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Revised Form I-539 (H-4, L-2, F-2, B-1, B-2, etc.) Available March 11th

United States Citizenship and Immigration Service (USCIS) announced new changes to the Form I-539, Application to Extend/ Change Nonimmigrant Status. On the cusp of the H-1B filing season, this new change will swiftly alter form requirements for several visa petitions, including the dependents of H-1B visa holders. Change to Form On March 11, 2019 and…

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H-1B Lottery Goes Electronic: FY 2021

On January 30th, the Department of Homeland Security released a final rule and amendment to H-1B petition regulations for those petitions subject to the H-1B cap. The new regulation requires petitioners filing H-1B visa petitions subject to both the regular cap and advance degree exemption to first electronically register with the United States Citizenship and Immigration Services…

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USCIS Introduces Online Fee Calculator

Regardless of the visa application, calculating total fees for filings can be a hassle. But what many don’t realize is that an improperly calculated fee payment would result in rejection of the complete application thereby leading to a longer application process. This tedious process has left many with rejected applications due to citing and submitting…

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USCIS Resume Premium Processing: FY19 H-1B

On September 11, 2018, the United States Citizenship and Immigration Service (USCIS) further suspended premium processing for cap-subject H-1B petitions while expanding the premium processing suspension for additional H-1B petitions. Last year’s suspension was set to expand well into February. However, USCIS has announced that the Service will continue premium processing on January 28th for all…

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