Category: Uncategorized

Under the Immigration and Nationality Act (INA) Section 212(d)(3), the non-immigrant visa waiver allows for the discretionary waiver of certain grounds of inadmissibility for non-immigrants (such as H-1B, L-1, B-1 or B-2 etc.) seeking entry into the United States. This provision grants the U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS) the…

USCIS Issues Guidance on Requests to Reschedule Biometric Services Appointments USCIS has issued new policy guidance in the USCIS Policy Manual regarding procedures for requesting to reschedule biometric services appointments at Application Support Centers (ASCs). The policy, effective as of July 6, 2023, aims to clarify the process and criteria for rescheduling appointments and addresses…

Exciting Updates on USCIS Digital Tools We are pleased to inform you that USCIS will be launching new digital tools in the coming weeks to enhance customer service and improve efficiency. Here’s a glimpse of what you can expect: Text Ahead Feature: Customers will have the option to opt-in to receive text messages from USCIS…

USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances We would like to bring to your attention the recent policy guidance provided by the U.S. Citizenship and Immigration Services (USCIS) regarding the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances, based on existing regulatory requirements at…

DOS Fee Increase for NIV and Special Visa Applications Delayed until June 17 The implementation of fee increases for NIV application processing fees and Border Crossing Card fees has been delayed. Originally set to take effect on May 27, 2023, the new fees will now be implemented on June 17, 2023. It is important to…

OFLC Continues to Provide Guidance on Form ETA-9089 in FLAG The Department of Labor (DOL) has released a new form titled “Form ETA-9089, Final Determination.” This form is specifically intended for use when submitting a Form I-140 petition to USCIS in support of a Schedule A or National Interest Waiver (NIW) petition. When submitting the…

Form ETA-9089 Submissions for PERM in Flag Deployed on June 1 The Office of Foreign Labor Certification (OFLC) has an exciting notice for employers and individuals involved in the PERM labor certification process. On June 1, 2023, the PERM module in the FLAG (Foreign Labor Application Gateway) system will be completely deployed. The update has…

This article aims to provide valuable information regarding H-1B employers and H-1B-dependent employers under the H-1B program, highlighting the perspectives of both the United States Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL) Wage and Hour Division. Definition of an H-1B Employer: An H-1B employer refers to any entity, including individuals, firms,…

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 administrative processing (221g) have been resolved immediately, resulting in more efficient visa processing times.…

Posted by Keshab R. Seadie | May 19, 2023 | 1 Comment 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…