Many of our readers are aware that USCIS has received sufficient number of H-1B cap registrations to fill the annual H-1B quota and they have completed the random lottery to allocate the available visa numbers. Selected registrants should already have been notified. [...]
USCIS has updated the process for green card renewal applicants with a revised Form I-797, Notice of Action for Form I-90, Application to Replace Permanent Resident Card where applicants seek to renew an expiring green card. Starting September 2024, USCIS has extended the period during which a receipt notice will be valid for proof of lawful [...]
The United States Citizenship and Immigration Services (USCIS) has recently announced an update that has introduced a new I-551 stamp mail delivery process, easing the way immigrants receive their lawful permanent resident status while waiting for their physical green cards. This helpful step is designed to streamline the process and reduce in-person appointments at local [...]
Layoffs and termination of employment is almost always a difficult process for both the employer and the impacted employee. This is especially true for workers who are foreign nationals whose nonimmigrant status in the U.S. is [...]
UPDATE: A new revised Final Rule is in effect starting December 23, 2022. Please review this updated content. In light of the Coronavirus/Covid-19 pandemic and the resulting millions of workers (at least temporarily) losing their job, our office has been flooded with calls and emails about whether claiming unemployment insurance will give rise to inadmissibility [...]
The U.S. Citizenship and Immigration Service (“USCIS”) has published a proposed rule which seeks to amend in substantial ways the way the annual H-1B “cap” work visa applications and lottery are being filed and how the U.S. master’s degree applications are being allocated under the H-1B cap lottery. Please note that this is a proposed [...]
In a November 11, 2017 Policy Memorandum, USCIS has formally adopted a recent AAO decision in Matter of V-S-G Inc. and has provided guidance on its impact on AC21 beneficiaries where the underlying I-140 immigrant petition is being revoked. The new policy memorandum states that beneficiaries who have properly ported their green card process to [...]
As part of a set of rule changes, collectively called “Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (see our full analysis) and effective as of January 17, 2017, USCIS [...]
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 [...]
The short answer is yes. Benching H-1B workers can lead to a criminal visa fraud indictment. Employers who hire H-1B employees and fail to pay the wages indicated in the Labor Condition Application during a work stoppage may be violating the terms set forth in the Department of Labor regulations. The practice of “benching” H-1B [...]
