Unlawful presence is defined in Section 212(a)(9)(B)(ii) of the Immigration and Nationality Act (INA) to mean that an alien is deemed to be unlawfully present in the U.S. if the alien is (1) present after the expiration [...]
The U.S. State Department has released the October 2023 Visa Bulletin which is the first Visa Bulletin for the new fiscal year. The headline in the upcoming month’s Visa [...]
With the recent increase of remote or hybrid work arrangements, and the return to office to third-party client sites, we would like to provide a reminder of the relevant H-1B rules for compliance when changing (or having already [...]
Many of our readers are aware of the extraordinary demand for first-time H-1B "cap" registrations over the past few years and especially after USCIS introduced a pre-registration system during the 2021 fiscal year. Under the previous H-1B "cap" filing system, a petition would have to prepare and submit a full H-1B petition (with [...]
USCIS has just completed the second round of the H-1B cap selection lottery and notified the selected applicants. The August 2023 selection round was due to the fact that a (significant) number of H-1B cap registrations [...]
The U.S. State Department has released the September 2023 Visa Bulletin which is the twelfth and final Visa Bulletin for the fiscal year. The headline in the upcoming month’s Visa Bulletin is the fact that [...]
The U.S. State Department has just released the August 2023 Visa Bulletin which is the eleventh Visa Bulletin for the fiscal year. The headline in the upcoming month’s Visa Bulletin is cutoff date introduction for EB-1 Rest [...]
The I-140 EAD rule was introduced back in 2016 as part of a final rule entitled “Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” [commonly known as the “High-Skilled” Final Rule] and, as a result, USCIS amended its regulations to allow certain nonimmigrants with approved Form I-140 petitions [...]
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 [...]
Since the outbreak of the COVID-19 pandemic, businesses across the United States have faced numerous challenges in adapting to remote work environments. One critical area impacted by this shift has been the verification of employment eligibility through Form I-9. To accommodate remote work, the U.S. Department of Homeland Security (DHS) introduced temporary measures allowing for [...]
