Newsletter

Cap and Lottery System: Understand that there's an annual cap on the number of H-1B visas issued (65,000 under the regular cap and an additional 20,000 for those with a U.S. master's degree or higher). The USCIS uses a lottery system to select applicants when the cap is exceeded.

April 2024 Visa Bulletin Summary: Key Updates and Movements Top 10 Things to consider before filing Cap Subject H-1B Visa USCIS Responds to Biometrics Appointment Scheduling Glitches

USCIS sends a notice called a request for evidence, or RFE, when they need more proof to decide an H1-B case. The H1-B classification applies to individuals who perform services in a specialty occupation. When employer files Form I-129, Petition for a Nonimmigrant Worker, they must provide evidence of their relationship with the employee and their qualifications.

With the H-1B visa filing season upon us, many F-1 students and those on Optional Practical Training (OPT) find themselves navigating the complexities of transitioning from student status to work authorization in the United States. A critical mechanism facilitating this transition is the cap-gap extension rule, an essential regulatory provision that bridges the gap between the expiration of F-1 status/OPT and the commencement of H-1B status on October 1st.

H-1B Cap Registration for FY 2025 Now Open Until March 22 USCIS Update for NIW Petitioners: New Version of Form ETA 9089 Now Required DOS Announcement on Pilot Program for Domestic Renewal of Specific H-1B Visas Understanding the H-1B Cap-Gap Extension Rule for F-1 Students and OPT Holders

Introducing New myUSCIS Organizational Accounts for Enhanced H-1B Registration Collaboration Premium Processing Fees Increase Effective February 26, 2024 Introducing E-Verify+: A Next Generation Service Launching Spring 2024

The "Simeio Solutions" memo, issued by the United States Citizenship and Immigration Services (USCIS), has introduced critical guidelines that have reshaped the landscape for H-1B visa petitions, particularly concerning amendments due to employment location changes. This memo, rooted in the Administrative Appeals Office's decision in "Matter of Simeio Solutions, LLC," clarifies the necessity for employers to file an amended or new H-1B petition when an H-1B employee's worksite location changes in a way that requires a new Labor Condition Application (LCA).

Dear Clients and Colleagues, We hope this newsletter finds you well. In this edition, learn about increases in premium processing fees, a pilot program launched by USCIS and impacts of the "Simeio Solutions" Amendment Rule on your H-1B application. Increase in Premium Processing Fees Effectiv...

Completion and Submission of H-1B Visa Cap Lottery Requirements USCIS Achieves Milestone by Completing Over 10 Million Cases in FY 2023, Significantly Reducing Backlogs Deferred Enforced Departure for Palestinians Visa Bulletin Movements

The FDNS Directorate (herein also referred as “unit”) is an office within USCIS that conducts unannounced inspections of employer worksites for companies that sponsor foreign workers.

For nonimmigrant visa holders in the United States, navigating the complex intersection of immigration law and criminal activity is crucial. Criminal convictions, even for seemingly minor offenses, can have profound implications on one's immigration status, affecting everything from visa extensions to future admissibility into the U.S. Specifically, offenses such as shoplifting, domestic violence, DUI (Driving Under the Influence), and assault and battery can significantly impact the ability of nonimmigrant visa holders to extend their stay or obtain visa stamping for re-entry.

USCIS Announces Policy Update on Extension and Change of Status Requests New Organizational Account System and FY 2025 H-1B Cap Registration Dates Announced Immigration Consequences of Criminal Activity for Nonimmigrant Visa Holders

The situation involving the invalidation of USMLE scores in Nepal due to cheating raises several legal and remedial avenues for affected doctors, including potential federal litigation and the pursuit of injunctive relief. Here are the options in detail:  Federal Litigation  Due Process Cha...

The Yates Memo, officially titled “Ability to Pay under Section 204.5(g)(2)” and issued by the U.S. Citizenship and Immigration Services (USCIS) on May 4, 2004, provides guidance on how to determine an employer's ability to pay the proffered wage from the priority date onwards in employment-based immigrant visa petitions, including those filed on Form I-140, Immigrant Petition for Alien Worker.

Dear Clients and Colleagues, We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights: USCIS Reforms H-1B Lottery System: Ensuring Fairness with One Entry Per Applicant and...

USCIS Announces Digital Revolution for H-1B Registration and Filing Introducing the Domestic Renewal of H-1B Visas - A Pilot Program Overview USCIS Faces Criticism Over STEM OPT Application Denials USCIS Policy Update: Flexibility for Untimely Filed Extension of Stay and Change of Status Requests

The EB-5 Green Card, also known as the EB-5 Investor Visa, represents a unique pathway for foreign investors and their families to gain permanent residency in the United States. Our law firm offers expert guidance on this process, ensuring a comprehensive understanding and successful application.

Dear Clients and Colleagues, We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights: USCIS Announces New Organizational Accounts for H-1B Process USCIS Online Organizati...

The “Exceptional Ability Green Card” and the “National Interest Waiver (NIW) Green Card” are two distinct paths for obtaining permanent residency in the United States, typically falling under the EB-2 visa category.

Dear Clients and Colleagues, We hope this newsletter finds you well. In this week's edition, we bring you important updates and information from the legal world, including USCIS' initiatives to streamline H-1B filing process, premium fee adjustments, new policy guidance for "Ability to Pay" in e...

Understanding the impacts of DUI and Crimes Involving Moral Turpitude (CIMT) is crucial in immigration processes. While a DUI may not always prevent citizenship or a green card, complexities arise with additional offenses or multiple DUIs. CIMTs, which broadly cover actions deemed contrary to moral standards, significantly affect immigration status, leading to inadmissibility or deportation.

Dear Clients and Colleagues, We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights: News Highlights: USCIS Announces Inflation Adjustment to Premium Processing Fees ...

Dear Valued Clients and Readers, As we step into this new year, we would like to remind our client companies of the importance of conducting an annual internal audit of your H-1B and L-1 visa programs. This proactive measure is crucial in ensuring that your company remains compliant with all the...

Dear Clients and Readers, We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights: News Highlights: DOS Stateside Visa Renewal Pilot Begins January 29, 2024 The Departme...

Dear Clients and Colleagues, We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights: USCIS Reaches FY2024 H-1B Cap We are informing our clients that the United States Ci...