H-1B Work Visa
Apply 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 MoreH- 1B Visa Compliance Review: USCIS Site Visits
H-1B visas allow foreign workers the opportunity to work for companies in need of specialized labor. The petitioners at the time of filing the H-1B petition agree to comply, and are subject to, U.S. Citizenship and Immigration Service (USCIS) fraud investigations. During a USCIS compliance review, a Fraud Detection and National Security (FDNS) officer can…
Read MoreSteps to Replace Lost Passport with U.S. Visa
Losing a passport with a valid U.S. visa, particularly in a foreign country, is always a huge setback especially for those who are on a short vacation and must return to the U.S. to resume their employment or to attend school. Irrespective of the care one takes to guard important documents, every year many passports…
Read MoreEmployment-Based Green Card Applicants to be Interviewed
Starting October 1, the U.S. Citizen and Immigration Service (USCIS) will require in-person interviews for adjustment of status (AOS) applications (I-485) based on employment (e.g., Form I-140) and refugee/asylee relative petitions. Under the direction of the January executive order “Protecting the Nation From Foreign Terrorist Entry Into the United States”, USCIS director James W. McCament hopes…
Read MoreGlobal Entry Enrollment Open for Indian Citizens
Travel to United States just became easier for citizens of India. In July, U.S. Customs and Border Protection (CBP) announced that India would be added to the list of approved Global Entry countries. According to the CBP, the Global Entry program allows expedited clearance for pre-approved, low risk travelers upon arrival in the United States.…
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