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Update (May 3, 2019): The Policy Memorandum has been blocked by a preliminary injunction. In a Policy Memorandum dated May 10, 2018 and effective as of August 9, 2018, U.S. Citizenship and Immigration Service (USCIS) is changing the way it treats non-immigrants who are in the U.S. on F, J and M status and, specifically, [...]
The Department of State (DOS) has provided a number of interesting observations and statistics about the processing of visas at each of the U.S. Consulates in New Delhi, Chennai and Mumbai. The reported information is as of late November 2013 but most of it is not time-sensitive and we believe remains current as of today. [...]
H-1B Wage Level I RFEs – Tips and Strategies for Navigating This Complex Issue October 6, 2017 1:00-2:00 PM EST Thousands of Wage Level I-related RFEs have been issued by USCIS since June 2017. H-1B cap cases, in addition to transfer, extensions or amendments have been targeted where USCIS is challenging the suitability of Wage [...]
In recent years, despite the U.S.’s rich history as a haven for ambitious immigrants, many foreigners looking to work in the U.S. have had to cope with increasingly restrictive immigration policies. As a result, the number of immigrant-founded startups in Silicon Valley, to take an example, has declined from 52.4% in 2005 to 43.9% in [...]
In a recent report the National Foundation for American Policy (which claims to be a non-profit, non-partisan organization dedicated to public policy research on trade, immigration, education, and other issues of national importance) has analyzed the USCIS rates of issuing requests for evidence (RFE) and denials of L-1 and H-1B petition over the past several [...]
USCIS Director Alejandro Mayorkas just announced a number of initiatives intended to boost the ability of immigrant entrepreneurs to obtain immigrant benefits for themselves, as part of the Obama administration's goal to boost hiring and jobs. Director Mayorkas has announced a number of initiatives and "clarifications" of existing temporary and permanent work visas which should [...]
In a January 8, 2010, Memorandum, Donald Neufeld, the Associate Director for Service Center Operations, provides some guidance on the standards for H-1B petitions filed by independent contractors, self-employed beneficiaries, and beneficiaries working at third-party worksites. Focus on Employer-Employee Relationship The guidance is primarily concerned with the employer-employee relationship. Pursuant to the H-1B regulations, an [...]
In a Memorandum dated June 17, 2009, Donald Neufeld, the Acting Associate Director for Domestic Operations, has provided some guidance on the employment-based fifth preference (EB-5) green card category reserved for entrepreneurs willing to invest a substantial capital into the U.S. and create at least 10 full-time jobs. About EB-5 Section 203(b)(5) of the Immigration and Nationality [...]
