H-1B Work Visa
Spike in RFEs: Slowing H-1B Immigration (2017 USCIS Data)
As previously reported, USCIS has increased requests for additional information (through RFEs) for thousands of H-1B applicants. Following the President Trump’s executive order, BAHA (Buy American, Hire American), obtaining approval for H-1B petitions has been increasingly difficult as USCIS attempts to abide by the EO. The executive order aims to decrease the population of foreign…
Read MoreProposed H-1B Changes Threaten Thousands of Workers (Updated)
Several sources are reporting that the Department of Homeland Security (DHS) is considering major regulations that would prohibit H-1B workers in the lawful permanent residence process from extending their H-1B status past the six years. The potential change reportedly responds to President Trump’s executive order, “Buy American, Hire American,” and depends on the language of…
Read MoreLooking Towards the New Year: Possible Impacts of HR 170
In the US House of Representatives, a bill, “Protect and Grow American Jobs Act” (HR 170), proposes new minimum salary standards for H-1B visas. The bill made its way out of the House Judiciary committee and proposed a 50% increase in the minimum annual salary from $60,000 to $90,000 for H-1B dependent employers. According to…
Read MoreDistrict Court Reinstates “Start-up Visa”
On December 1st, United States district judge James Boasberg ruled the Trump Administration’s delay of the Obama-Era International Entrepreneur Rule an unlawful use of administrative power. The ruling effectively reinstates the “start-up visa” program until further response from the administration. Ruling In NVCA v. Duke, the National Venture Capital Association (NVCA), a group of entrepreneurs…
Read MoreAdministrative Processing for Visa Applications
Visa applications are sometimes held for so called “administrative processing.” If your application is delayed for administrative processing, it could mean additional wait time for your case decision. What is Administrative Processing? According to the Foreign Affairs Manual (FAM), Administrative Processing refers to “clearance procedure of the submission of a case to the Department”, or…
Read MoreNo Deference by USCIS to Prior Employment-Based Petition Approvals
On October 23rd, USCIS released a memorandum overturning previous policy on deference of eligibility in the adjudication of petitions for extension of nonimmigrant status. This new memo will affect most non-immigrant workers, as extensions of visas are quite common. The memo comes in response to the Executive order, “Buy American Hire American,” which has impacted…
Read MoreOIG 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…
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