In early January we wrote about a USCIS proposal to create a pre-registration system for new H-1B cap cases in order to make the H-1B cap application process more efficient and to eliminate waste associated with H-1B cap petitions which are filed on or shortly after April 1st (when the H-1B cap filing window opens) [...]
The winter holidays, together with the summer vacation season, create a steady flow of inquiries and consultations from our clients regarding travel and passport expiration dates. Most often the question is, What should be the duration of the passport for purposes of entering the U.S.? At Least Six Months Passport Validity Required As an initial [...]
USCIS published a notice in the Federal Register with proposed changes to Form I-129 which is used for H-1B, L-1, TN, among other visa type filings. Please see the DRAFT proposed Form I-129 (and draft instructions). The proposed changes are significant and are likely to impact most, if not all, employers who file Form I-129. [...]
Two weeks ago we wrote about the USCIS Ombudsman recommendation to modify the LCA/H-1B filing process to avoid negative consequences associated with delayed LCAs. As a response, USCIS just announced a temporary change in policy pursuant to which it will temporarily accept H-1B petitions filed without Labor Conditions Applications (LCA) that have been certified by the [...]
Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases. About the AAO The AAO is an appeals office which handles appeals of certain decisions made by [...]
The Department of Labor has provided an update on the current PERM processing dates as of July 31, 2009. They are as follows: Regular processing: November 2008. Unfortunately, there is no movement in comparison to the April 30, 2009 report which also reported November 2008, resulting a net additional delay of three (3) months for regular [...]
Holders of F (student), J (exchange visitor) or M (student) status in the U.S. are subject to certain requirements in order to maintain a valid status and be entitled to the benefits of their status (e.g. OPT, visa revalidation, etc.). With the beginning of a new academic year, we have been advising a number of [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Friday, July 24, USCIS has received approximately 44,900 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]
As an E-Verify designated agent, we provide E-Verify verification services to many small and mid-size businesses and allow them to assure E-Verify participation without the hassle of running E-Verify inside their operations. An E-Verify designated agent, we work with our E-Verify company clients to ensure that they follow the rules and procesures required by E-Verify. This [...]