News, Alerts and Analysis

March 2016 Visa Bulletin – Cutoff Dates Advance for Most Categories; EB China Advances Significantly

The U.S. State Department has just released the March 2016 Visa Bulletin which is the sixth Visa Bulletin for the FY2016 fiscal year. The major headline in the upcoming month’s Visa Bulletin is the notable [...]

By |2017-05-20T21:47:06-04:00February 8th, 2016|Articles, EB-2, EB-3, I-485, News, News Alert, Visa Bulletin|

H-1B Visa Cap Season Is Underway – Opens for New Filings on April 1, 2016

On April 1, 2016 the U.S. Citizenship and Immigration Services (USCIS) will start accepting applications for one of the most popular U.S. work visas, H-1B, for fiscal year (FY) 2017.    Our intelligence and past [...]

By |2017-05-20T21:47:06-04:00February 2nd, 2016|Articles, Employers, H-1B, News, News Alert|

USCIS Issues a Multitude of RFEs on Pending I-485 Applications

Many of our clients and readers are already aware of the move by U.S. Citizenship and Immigration Service (“USCIS”) to issue what are hundreds, or perhaps even thousands, of very similar, if not identical, requests for evidence (“RFE”) on pending [...]

By |2017-05-20T21:47:07-04:00January 31st, 2016|AC21, AOS, Articles, I-485, News|

U.S. Implements Changes to the Visa Waiver Program

As of January 21st, 2016, the U.S. began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP):     Nationals of VWP countries [...]

By |2016-01-29T12:26:26-05:00January 28th, 2016|ESTA, News, Travel, Visa Waiver|

STEM OPT Rule Update: DHS Has Until May 10, 2016 to Implement New STEM OPT Rule

In a much-anticipated decision dated January 23, 2016, the U.S. District Court for the District of Columbia sided with the Department of Homeland Security's request for extension to extend the vacatur of the current STEM OPT rule which was struck down on August 12, 2015.    The current STEM OPT rule continues to remain valid until [...]

By |2017-05-20T21:47:07-04:00January 25th, 2016|Articles, F-1, News, News Alert, Students|

US Appeals Court Creates a Notification Right to Affected Parties Prior to I-140 Revocation

In a December 30, 2015 opinion, the Second Circuit Court of Appeals has handed a decision (Mantena v. Johnson) which requires USCIS to provide notice of its intent to revoke an immigrant I-140 petition to certain [...]

By |2017-05-20T21:47:07-04:00January 10th, 2016|Articles, I-140, I-485, News|

I-140 Portability/EAD Draft Rule Released – Analysis and Overview of the Proposed Changes and System Fixes

On November 17, 2016, USCIS released the final version of this rule. On December 31, 2015 USCIS released a draft of the proposed and long-awaited rule seeking to improve certain aspects of the employment-based [...]

By |2017-05-20T21:47:07-04:00January 10th, 2016|Articles, H-1B, I-140, Immigration Reform, News, News Alert|

February 2016 Visa Bulletin – Filing Cutoff Dates Remain Largely Unchanged; Very Gradual Movement in the Approval Dates; EB-2 India Advances by Seven Months

The U.S. State Department has just released the February 2016 Visa Bulletin which is the fifth Visa Bulletin for the FY2016 fiscal year. The major headline [...]

By |2017-05-20T21:47:07-04:00January 8th, 2016|AOS, Articles, I-485, News, News Alert, Visa Bulletin|

U.S. Consular Officers Told To Enforce Simeio H-1B Amendment Requirements

In response to the changed H-1B petition amendment requirements following the Simeio decision, the U.S. State Department has circulated a cable to U.S. Consulates worldwide with specific guidance to consular officers on how to address H-1B visa stamping petitions where there is change of employment.      While the cable does not create new policies, it specifically [...]

By |2017-05-20T21:47:07-04:00December 22nd, 2015|Articles, Employees, Employers, H-1B, News, Visa Processing|

H-1B Fees Dramatically Increased for H-1B/L-1 Dependent Employers

In a sudden and surprising move, a number of immigration-related provisions were inserted into the must-pass government funding bill, titled “Consolidated Appropriations Act, 2016”   The bill passed both the House and the Senate and was signed into law by President Obama on [...]

By |2017-05-20T21:47:07-04:00December 19th, 2015|Articles, Employers, Fees, H-1B, L-1, News, News Alert, USCIS|

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