Many of our readers know that the H-1B visa is a critical and very common work visa used routinely by U.S. employers to hire skilled foreign nationals. The H-1B visa has an annual cap for first-time visas set at 85,000 per year and it [...]
The Department of Homeland Security ("DHS") Office of Inspector General ("OIG") has released a report on the L-1 visa program after a thorough analysis of the program, its weaknesses and opportunities for improvement. The report makes a number of recommendations to DHS on how to strengthen the L-1 visa program by making more robust review [...]
In a memorandum dated August 9, 2013, USCIS has released guidance and clarifications pertaining to the options and timelines for Diversity Visa (DV) selectees who choose to process their green card from within the U.S. by filing I-485, Application to Adjust Status. The memo seeks to provide clarification to those DV selectees who choose to [...]
On June 26, 2013, the U.S. Supreme Court struck down the Defense of Marriage Act ("DOMA"). In a 5-4 decision, the Supreme Court held that DOMA is unconstitutional because the word "marriage" in any federal law meant only a union of a man and a woman. Until yesterday, DOMA denied a number of federal benefits, [...]
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 employment-based primary and derivative Form I-485, Application to Adjust Status. Most of the RFEs were [...]
Many of our clients and readers (especially those who have family-based immigrant visa cases) are aware that a family-based Form I-485, Application to Adjust Status, required an interview to be conducted at a local (to the applicant) service center. The requirement for these interviews is set under 8 CFR §245.6 which also indicates that interviews [...]
Many of our readers are aware that as of April 5, 2013, USCIS has received a sufficient number of H-1B cap-subject petitions to fill the annual H-1B quota. All cap-subject new H-1B petitions received by USCIS on or after April 5th have been rejected. Additionally, due to the high number of H-1B petitions (124,000), the [...]
The U.S. Citizenship and Immigration Service (USCIS) has just provided some updated numbers in connection with the 2014 fiscal year (FY2014) H-1B cap. Many of our readers are aware that on Friday, April 5th, USCIS announced that they have received sufficient number of H-1B petitions to close the FY2014 H-1B cap as of Friday. [...]
The U.S. Citizenship and Immigration Service (USCIS) announced earlier this afternoon that they have received a sufficient number of H-1B petitions to meet the annual H-1B cap for the 2014 fiscal year (FY2014). According to USCIS, they have received more than 20,000 H-1B petitions filed for beneficiaries with U.S. master's degree and more than the [...]
As we are going in to the peak of the H-1B cap season, our office receives many inquiries about the duration of the H-1B filing season this year or, in other words, when will the H-1B cap be reached? So far we have been able to compare demand with prior H-1B filing seasons and we [...]
