H-1B Work Visa
USCIS Extends COVID-19-related Flexibilities – perhaps a Final Extension
Certain COVID-19-related flexibilities are being extended by US Citizenship and Immigration Services until March 23, 2023. Under these flexibilities, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive, USCIS considers a response received within 60 calendar days of the due date in the following requests or notices before…
Read MoreUSCIS to Adjudicate H-4, H-4 EAD, L-2 & L-2 EAD alongside I-129
We’ve learned that the US Citizenship and Immigration Services (USCIS) will now adjudicate H-4, H-4 EAD, L-2, and L-2 EAD applications alongside the I-129 petition for the petition for the principal H-1B & L-1. This change, which will apply to applications filed after January 25, 2023, aims to simplify the process of obtaining work authorization…
Read MoreCBP Discontinues Passport Stamps for Travelers Entering US
Traditionally, a foreign nationals entering the United States by air or sea used to receive a passport entrance stamp or a Form I-94 (record of admission) following a document inspection at the Port of Entry (POE). Once CBP switched from using paper copies of I-94 to electronic ones, the only physical record provided to the…
Read MoreUSCIS Guidance on Employment Based Adjustment Applications
US Citizenship and Immigration Services (USCIS) recently issued guidance on several issues concerning the processing of employment based adjustment of status applications for dependents, the use of Supplement J, and the transfer of files from Field offices. Dependent Adjustment of Status Filing USCIS makes every effort to concurrently adjudicate the cases of the principal and…
Read MoreLayoff of U.S. Workers in the PERM Context
Layoffs of U.S. workers can have big effects on employers in the context of the PERM (Program Electronic Review Management) process for getting permanent labor certification. The rules say that if an employer has fired U.S. workers in the same or a similar job in the area of intended employment within the last six months…
Read MoreCBP Announces New US Bridge Visa Foil
A visa is a document issued by the U.S. Department of State that allows a foreign national to travel to the United States for various purposes. The visa is typically required to be presented at the port of entry to the United States and is required for the foreign national to be admitted into the…
Read MoreVisa Interview Waiver for Certain Applicants
On December 23, 2022, the U.S. Department of State announced that the Secretary of State has extended the authority of consular officers to waive the in-person visa interview requirement through December 31, 2023 for certain first-time and/or renewing applicants. This extension includes a waiver of the requirement for personal appearance for certain applications in the…
Read MoreH-1B Amendment Requirement when Changing Work Location
As an H-1B employee, it is important to understand the rules and regulations surrounding changes to your working conditions, particularly when it comes to changes in your work location. The U.S. Citizenship and Immigration Services (USCIS) has provided relatively clear guidance on when an amendment to your H-1B visa is required in the event of…
Read MoreUSCIS Proposes Fee Increase and Imposition of New Fees
The proposed rule by the United States Citizenship and Immigration Services (USCIS) to increase fees for most immigration benefit requests is likely to have a significant impact on employers in the United States. If implemented, employers will pay significantly more for most nonimmigrant and immigrant filings. One of the key takeaways for employers from the…
Read MoreObtaining Green Card after Status Violation: 245(k) Benefit
The immigration provision of Section 245(k) of the Immigration and Nationality Act (INA) allows certain individuals, who are present in the United States after having failed to maintain lawful immigration status, to adjust their status to that of a lawful permanent resident (LPR) without having to leave the country. This exemption applies to an applicant who…
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