Visa Administrative Processing: What Is It, How Long Does it Take and What Should I Expect?
A U.S. visa stamp refusal under “administrative processing” means that the U.S. Consulate is unable to approve and issue the visa stamp immediately and needs additional time for review of the application or other related work. This article seeks to provide information and answers about the often-dreaded U.S. administrative processing visa application outcome. […]
December 2023 Visa Bulletin – (Again) No Forward Movement
The U.S. State Department has released the December 2023 Visa Bulletin which is the third Visa Bulletin for the new fiscal year. The headline in the upcoming month’s Visa Bulletin is lack of pretty much any movement in almost all employment and family-based preference categories. […]
What Are The Most Common H-1B RFE Issues?
Navigating the H-1B work visa program can be a daunting task for both employers and foreign professionals. USCIS's adjudication standards change from time to time based on political and other factors making the H-1B program subject to varying degrees of scrutiny. This scrutiny is most often exercised during the Request for Evidence (RFE) process during which USCIS seeks additional [...]
How to Address H-1B RFEs Questioning the Beneficiary’s Educational Qualifications?
One of the common RFE issues raised by USCIS in connection with H-1B petitions is the suitability of the beneficiary’s educational (and experience) qualifications. There are two aspects to this RFE issue — whether the degree itself is a US-equivalent degree and also whether the field of study is in line with the specialty occupation position requirements. […]
Analysis of USCIS Proposal to Improve and Expand the H-1B Program
USCIS has released a proposed rule which seeks to change the H-1B visa program regulations. The changes are generally positive and seek to allow greater flexibility for petitioners and to strengthen the H-1B cap lottery program. Also, the proposed rule seeks to expand the availability of H-1B to owner-beneficiaries which will be great news for many entrepreneurs. […]
USCIS Increases Maximum EAD (and AP) Validity Period to Five Years
USCIS has announced (and already implemented) that certain work authorization documents (EAD) will be issued with validity of up to 5 years; a significant increase from the current 2-year maximum. Similarly, advance parole documents (issued separately or together as part of a “combo” EAD/AP card) can also be issued with term of up to 5 years. […]