DOL cracks down on those who do not comply with LCA Program Rules

Labor Condition Application (LCA) is a document that an H-1B employer files along with the H-1B petition whereby the employer attests to the standards to which it will adhere to including but not limited to paying the wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the…

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July 2014 Visa Bulletin: Forward Movement for EB-2 India

U.S. Department of State (DOS) has released the July 2014 Visa Bulletin which is the tenth Visa Bulletin for the Fiscal Year (FY) 2014.   Under the Employment Based (EB) category, cutoff dates for EB-2 India has moved significantly to September 1, 2008.  Based on the April 21, 2014 meeting between Mr. Charlie Oppenheim of…

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Final FY15 H-1B Cap Update

Last week our office received our first batch of H-1B packages that were not selected in the lottery for fiscal year 2015 (FY15).  As of now all the returned packages received by our office has been from California Service though we anticipate that we will soon start receiving returned packages from the Vermont Service Center…

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DOJ and DOE push for enforcement of educational equality

Often, immigrants with school-aged children and questionable legal status may be fearful of enrolling their children in public school, as they lack awareness of the mandated law concerning the basic right of all children residing in the US the opportunity to attend elementary and secondary level public schools, regardless of their immigration status. Federal, state,…

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DHS Details Proposed Rules for H-4 Employment Authorization

On May 6th, the Department of Homeland Security (DHS), via a press release, announced the publication of two proposed rules, including a rule to extend employment authorization to certain H-4 spouses.  Under the existing rules, spouses of H-1B workers are not employment authorized and the DHS proposes to amend its regulations to extend employment authorization…

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Arrival/Departure History Now Available on I-94 Webpage

Foreign visitors entering the United States are issued Form I-94 by Customs and Border Protection (CBP) denoting Arrival/Departure Record.  In the past, the I-94 was issued in paper format but since April 30, 2013 I-94s became accessible electronically online at https://i94.cbp.dhs.gov/I94/request.html On May 1, 2014 CBP announced further improvements to the system and the new webpage…

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FY15 H-1B Cap Update

As we previously reported, fiscal year 2015 (FY15) H-1B Cap was reached on April 7th for both regular cap and advanced degree (master’s) cap.  Subsequently, U.S. Citizenship and Immigration Services (USCIS) completed the lottery process on April 10th.  We at Sharma Law Offices received our first electronic receipts on April 11th for cases filed using…

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Filing Period for STEM OPT Extensions

We wish to remind F-1 students that the Optional Practical Training (OPT) limited to 12 months must be completed within 14 months of graduation.  Additionally, STEM (Science, Technology, Engineering, and Mathematics) graduates, upon completion of their 12-month OPT, are eligible for 17-month OPT with an employer enrolled in E-Verify.  As we previously reported in our…

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May 2014 Visa Bulletin: EB-2 India Remains Unchanged (DOS Prediction)

U.S. Department of State (DOS) has released the May 2014 Visa Bulletin which is the eighth Visa Bulletin for the Fiscal Year (FY) 2014.   Under the Employment Based (EB) category, cutoff dates for EB-2 India remain at November 15, 2004 though cutoff dates for EB-3 India have moved forward by couple of weeks to…

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