Posted by Keshab R. Seadie | May 26, 2023 |
DOS Implements Measures to Expedite Visa Processing
The DOS has implemented new technology and improved coordination to reduce the number of visa applications that require administrative processing on security grounds. Since October 2022, the majority of cases that previously required additional...
Posted by Keshab R. Seadie | May 19, 2023 |
H-1B and LCA Compliance Protocol: Lesson Learned
A recent case involving Peri Software Solutions, Inc. has highlighted the significance of complying with H-1B regulations. The Department of Labor's Wage and Hour Division found that the company owed $1,456,4222 in back wages to 163 H-1B workers d...
Posted by Keshab R. Seadie | May 12, 2023 |
Larsen & Toubro Technology Services Settles Dispute by Paying $9.9 Million
L&T Technology Services, LTD has agreed to pay $9.9 million to resolve a dispute over visa fees. It was alleged that between 2014 and 2019, the company underpaid USCIS fees by using B-1 visas instead of H-1B visas, which...
Posted by Keshab R. Seadie | May 05, 2023 |
H-1B Visa Registration Numbers Show Demand Far Exceeds Supply; Changes Are Necessary to Ensure Integrity of the System
The demand for H-1B visas, which allow foreign workers to work in the US, far exceeds the supply. The registration system has flaws that have made it vulnerable to exploitation,...
Posted by Keshab R. Seadie | Apr 28, 2023 |
More than 780,000 registered for the H-1B Lottery in FY 2024 against about 80,000 H-1B visas
(Only 350,000 applicants for H-1B visas submitted one entry into the lottery this year; the rest of 431,000 cases were part of the double to triple filing for the same person)
This past H-1B CAP lottery...
Posted by Keshab R. Seadie | Apr 21, 2023 |
MAY 2023 VISA BULLETIN
According to the May Visa Bulletin, employment-based preference adjustment of status filings, USCIS will continue to use the Final Action Dates chart that was used in April. EB-1 for India and China will maintain their Final Action cutoff date of February 1, 2022 and Dates...
Posted by Keshab R. Seadie | Apr 14, 2023 |
Delay in issuing PERM (Labor Certification) and Prevailing Wage
As per the DOL FLAG page, there is still a considerable delay in issuing the PERM approval and Prevailing Wage. As of March 31, 2023, the Department of Labor (DOL) was conducting analyst review for PERM applications filed in July 2022 or earlier, and processing audited cases with priority dates of April 2022 or earlier. DOL is working on standard reconsideration requests that were filed in July 2022 or earlier.
Posted by Keshab R. Seadie | Apr 07, 2023 |
ALTERNATIVES TO THE H-1B LOTTERY
Please contact us soon so we can explore various U.S. and global visa categories for employers and non-selected H-1B lottery employees to consider. Whether you are sending this employee overseas or transferring his or her status to H-3, J-1, O-1, day-one CPT, EB-...
Posted by Keshab R. Seadie | Mar 31, 2023 |
USCIS ANNOUNCES THAT FY 2024 H-1B CAP HAS BEEN MET
USCIS has received enough electronic registrations during the initial registration period to fill the FY 2024 H-1B numerical allocations, including the advanced degree exemption Master's cap. All prospective applicants who were selected have bee...
Posted by Keshab R. Seadie | Mar 24, 2023 |
USCIS ANNOUNCES END OF COVID-RELATED FLEXIBILITIES
USCIS has notified the public that the Covid-related flexibilities in responding to several types of notices and requests have ended. First announced in March 2020, during the height of the Pandemic in the United States, USCIS began granting an ...
Posted by Keshab R. Seadie | Mar 17, 2023 |
U.S. PASSPORT RENEWAL SUBJECT TO INCREASING DELAYS
Earlier this year, routine U.S. passport renewals were taking roughly between 6-9 weeks, with expedited renewal petitions taking roughly half of that time, between 3-5 weeks. However, as of recent, the processing time has increased to 8-11 week...
Posted by Keshab R. Seadie | Mar 10, 2023 |
USCIS INCREASES FEE FOR EB-5 REGIONAL CENTER PROGRAM
The Department of Homeland Security announced on March 2, 2023 that the annual fees to be collected for the “EB-5 Integrity Fund” will be increased. The increased revenue will be primarily used to administer the EB-5 Regional Center Program. ...
Posted by Keshab R. Seadie | Feb 17, 2023 |
CERTAIN NONIMMIGRANT VISA APPLICANTS WHO WERE DENIED WAIVER WILL BE ABLE TO REAPPLY
Following a district court ordered, the U.S. government will provide relief to approximately 41,000 nonimmigrant visa applicants who were denied a waiver during the Trump administration's travel ban and who have ...
Posted by Keshab R. Seadie | Feb 16, 2023 |
USCIS ANNOUNCES REGISTRATION SCHEDULE FOR FY 2024 H-1B CAP SEASON
The H-1B cap registration period for FY 2024 will open at noon ET on March 1, 2023 and will close at noon ET on March 17, 2023. Prospective H-1B cap employers may use their “registrant” myUSCIS accounts for FY 2024 cap registratio...
Posted by Keshab R. Seadie | Feb 16, 2023 |
H-1B CAP SEASON FOR 2024 OPENS MARCH 1
The FY-2024 H-1B lottery registration window opens March 1, 2023 and will remain open until 12pm ET March 17, 2023. The lottery allocation system is based on random selection and closes once the cap has been met, so filing as soon as possible is re...
Posted by Keshab R. Seadie | Jan 27, 2023 |
USCIS SETTLES LAWSUIT WHICH SHOULD STREAMLINE EADS FOR H-4 AND L-2 DERIVATIVES
In a recently signed settlement, USCIS agrees to return to bundling the adjudication of I-539s and I-756s for H-4 and L-2 derivative along with the underlying I-129 petition when these forms are filed together. Prior...
Posted by Keshab R. Seadie | Jan 20, 2023 |
FEBRUARY 2023 VISA BULLETIN
Next month, EB-1 India and China will maintain their Final Action cutoff date of February 1, 2022 and their Dates of Filing cutoff date of June 1, 2022. EB-2 India Final Action date stays at October 8, 2011. The EB-2 India Dates for Filing cutoff will remain at May 1,...
Posted by Keshab R. Seadie | Jan 13, 2023 |
USCIS RELEASES PROPOSED FEE INCREASES FOR MULITPLE FORMS TO OFFSET COST OF ASLYUM ADJUDICATION
U.S. Citizenship and Immigration Services published a proposal last week of certain fee increases that they intend to implement as a way to increase their ability to fund the asylum program. A fee of ...
Posted by Keshab R. Seadie | Jan 06, 2023 |
USCIS ISSUES PROPOSED RULE FOR FEE CHANGE FOR CERTAIN APPLICATIONS
In an attempt to “fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs,” USCIS has proposed a fee increase on certain nonimmigrant worker petitio...
Posted by Keshab R. Seadie | Dec 30, 2022 |
E-VERIFY RENEWS ABILITY FOR EMPLOYERS TO SIMULTANEOUSLY UPLOAD MULTIPLE HIRING SITES
E-Verify has restored the ability for employers, employer agents, and corporate administrators to upload multiple hiring sites simultaneously. This feature will allow increased efficiency for ...
Posted by Keshab R. Seadie | Dec 22, 2022 |
DHS PUBLIC CHARGE FINAL RULE GOES INTO EFFECT DECEMBER 23, 2022
On December 23, 2022, the Department of Homeland Security's Public Charge Ground of Inadmissibility rule will go into effect. The rule attempts to provide “clarity and consistency for noncitizens on how DHS will administer the publi...
Posted by Keshab R. Seadie | Dec 16, 2022 |
USCIS ANNOUNCES TRIAL OF NEW VERSION OF THE NATURALIZATION TEST
The citizenship test for naturalization consists of two parts, an English test that evaluates an applicants ability to read, write and speak, and a civics test that assesses the applicant's knowledge of U.S. government and history....
Posted by Keshab R. Seadie | Dec 09, 2022 |
HOUSE OF REPRESENTATIVES SET TO VOTE ON EAGLE ACT NEXT WEEK
The Equal Access to Green Cards for Legal Employment Act of 2022 has received bipartisan support and is scheduled to be voted on soon. The Act aims to eliminate per-country limits on employment-based green cards, raise annual limits on...
Posted by Keshab R. Seadie | Dec 02, 2022 |
USCIS ANNOUNCES WORK AUTHORIZATION INCIDENT TO PAROLE STATUS FOR CERTAIN AFGHAN AND UKRAINIAN PAROLEES
As of November 21, 2022, USCIS is providing employment authorization incident to status and a no-fee initial employment authorization document to parolees from Afghanistan and Ukraine, in an a...
Posted by Keshab R. Seadie | Dec 02, 2022 |
CHILD STATUS PROTECTION ACT MAY OFFER HOPE TO DEPENDENTS AGING OUT OF GREEN CARD ELIGIBILITY
With the employment-based priority dates for EB-2 and EB-3 nationals from India and China in retrogression, the Child Status Protection Act (CSPA) may provide some protection to dependents who turn twent...