H-1B Work Visa
H-4 EAD Remains in Effect, For Now
The Department of Homeland Security (DHS) announced last week that it would withhold an announcement to end the H-4 EAD program until June of 2018. The update from DHS came in response to a court of appeals decision made February 21st. The program will remain in effect until the planned changes are initiated after June…
Read MoreScheduling an InfoPass Appointment: Online Services Could Soon End
InfoPass is a free online service that allows individuals to schedule an appointment with a USCIS immigration officer. The online platform offers 12 different languages to make scheduling an in-person appointment easier. InfoPass is accessible from both computers and mobile devices to make scheduling available anywhere. The appointments scheduled through InfoPass are intended for specific…
Read MoreUSCIS Travel Documents: Advance Parole
Recently, unpredictable changes to Immigration Law has made travel outside of the US extremely risky for foreign nationals. Lawful non-immigrants with pending Adjustment of Status (AOS) or refugees/asylees with pending immigration applications may face circumstances that demand travel outside the United States. Upon return to the US, foreign nationals with pending immigration applications, who previously…
Read MoreNew USCIS Requirements: Valid Signature
Last week, USCIS released a memo outlining stricter requirements for petitioners and applicants seeking immigration benefits. The memo outlines that a petitioner or applicant must provide a “valid signature” to receive approval from a USCIS. A valid signature is defined by USCIS as any handwritten mark or sign by an individual to signify his or…
Read MoreMultiple H-1B Cap Petitions for Same Beneficiary
In matters of multiple H-1B petitions filed for the same beneficiary, last month the Administrative Appeals Office (AAO) ruled, in a non-precedent decision, that “related entities” shall be interpreted beyond legal relations. Although the decision is not legally binding for USCIS, the case indicates that USCIS intends to crack down on petitioners attempting to beat…
Read MoreGOP Bill Could Expand H-1B Quota
Late last month, Republican Senator Orrin Hatch introduced Senate Bill 2344, or the Immigration Innovation Bill of 2018. If passed, the bill would expand the H-1B cap to nearly 195,000 professional workers annually. Provisions The chairman of the Senate Finance Committee, Hatch proposes an increase to the H-1B visa cap from 65,000 to 85,000. Hatch’s…
Read MoreH-1B Cap Exemptions for Physicians: J-1 Home Residency
Last year in Fiscal Year (FY) 2018, the USCIS received enough petition towards H-1B visa lottery to satisfy the statutory cap of 65,000 as well as the advanced-degree exemption of 20,000 in less than five days. For petitioning employers that did not submit petitions before April 7th, 2017 or those who were unable to make…
Read MorePublic Charges Must Go: Changes to FAM
While the debate over immigration continues in Washington, a lot of questions have emerged regarding “public charge” non-citizens. Last week, the White House released proposed guidance for DACA recipients in which “Status is subject to revocation for criminal conduct or public safety and national security concerns, public charge, fraud, etc.” The announcement comes in addition…
Read MoreShort Term Placement or Assignment: Peripatetic Jobs and H- 1B Regulation Compliance
For highly skilled H-1B workers, travel to another worksite may be intrinsic part of their job profile. Especially in Information Technology (IT), certain jobs require H-1B workers to visits client worksites for extended periods of time. Under the regulations, employers that send H-1B employees to a worksite location not specified in H-1B petition must file…
Read MoreTravel during Administrative Processing
If your visa application is held by a consulate office for administrative processing, your case could be delayed for up to 60 days. Typically, the US consulate reviewing an application in administrative processing will not reveal the estimated period of delay nor will a consular officer reveal the reasons for the delay. For those with…
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