H-1B Work Visa
OIG criticizes USCIS H-1B Site Visit Program
On October 20, 2017 the US Department of Homeland Security Office of Inspector General (OIG) release a report titled “USCIS Need a Better Approach to Verify H-1B Visa Participants”. The audit conducted by the OIG reportedly found that USCIS site visits “provide minimal assurance” that both H-1B petitioners and respondents are compliant under immigration laws…
Read MoreTSA to Enforce Real-ID Standards
If you have traveled domestically in recent months, you probably noticed signs posted by the Transportation and Security Agency (TSA). The posting notifies passengers of new regulations for acceptable state identification requirements for travel within the US. Due to the REAL-ID Act (2005), TSA security agents will no longer accept IDs, or driver’s licenses from…
Read MoreAvoiding USCIS Scams
Around the world, foreign nationals are being targeted by immigration scams. The threat is so prevalent and expansive that the www.uscis.gov reserves an entire section of the website for immigration scam protection and prevention. USCIS requires monetary payments from visa applicants for a variety of filing fees and other expenses. Those who are awaiting decisions…
Read MoreH-1B Wage Level 1 RFEs
A request for evidence (RFE) is issued by the USCIS to request additional documents and/or information to make a final determination for a case. A RFE can be issued either due to lack of required initial evidence or if the USCIS officer requires additional documentation and/or evidence to determine the applicant’s eligibility for the benefit…
Read MoreApply for EAD and SSN Simultaneously
To work lawfully in the United States, you may need to obtain a Social Security Number (SSN) from the Social Security Administration (SSA). SSNs report wages to the government and determine eligibility for certain government programs. Earlier last month, USCIS released a new Employment Authorization Document (EAD) that now includes the option to apply for…
Read MoreUSCIS Issues Memo Defining “Affiliate” and “Subsidiary”
In early August, USCIS released a memorandum defining the terms “affiliate” and “subsidiary” used in determining the American Competitiveness and Workforce Improvement Act (ACWIA) fee amount for H-1B petitions. Under the ACWIA, petitioners with 25 or fewer full-time employees (FTE) must pay a fee of $750 per H-1B petition, while petitioners with more than 25…
Read MoreChanges to Foreign Affairs Manual (90 day rule): New Guidelines for Inadmissibility for Misrepresentation
On the first of September, the Department of State (DOS) released new guidelines, published in the Foreign Affairs Manual (FAM), for the term “misrepresentation” for the purposes of deciding grounds for inadmissibility. Misrepresentation of intent to enter the US or receive a visa presents grounds for inadmissibility under INA. The new announcement eliminates the DOS…
Read MoreH-1B Employees and Benching
During difficult times, businesses have to take measures to cut costs by restructuring growth plans and reducing workforce. When it comes to H-1B workers, well-intentioned cost cutting by an employer can run afoul to federal regulations, resulting in civil and criminal penalties. Department of Labor (DOL) sets guidelines and regulates H-1B employer’s wage payments to…
Read MoreUnderstanding Your Status: Lawful Status, Period of Authorized Stay, & Lawful Presence
A foreign national’s legal status at the time of a change, extension, or adjustment of status can influence the outcome of an immigration matter. An error in maintaining legal status may prevent the foreign national from receiving the desired immigration benefits. It is important to understand your current legal status and how it may determine…
Read MoreFOIA Request to Resolve Immigration Issues
The Freedom of Information Act (FOIA) gives any person the right to request access to records and documents from government agencies. Individuals with pending immigration cases can make a request under the FOIA for important records held by U.S. Department of State (DOS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S.…
Read More