We wrote earlier today about the pending announcement that USCIS is restoring the possibility of filing I-140 via premium processing. As we discussed earlier, the premium processing is limited to workers who are nearing the end of their sixth year in H-1B nonimmigrant status. The premium processing procedure will guarantee 15 calendar-day response by USCIS for [...]
BREAKING NEWS The USCIS has confirmed that on July 16, 2008, it will resume premium processing for I-140s in certain limited circumstances. It is expected that these limited circumstances will cover cases where beneficiaries whose H status will expire within 60 days of filing the request and who need I-140 approval to become eligible for [...]
Many of our clients are complaining of the need to renew their employment authorization documents (EADS) every year while their green card adjustment of status application is pending. Given the long backlogs, the need to extend EADs every year becomes a hassle and, especially for those applicants who have to pay for each application, [...]
BREAKING NEWS - The July 2008 Visa Bulletin has been released and EB-3 are unavailable while EB-3 (India and China) get additional visa numbers for the fiscal year. Please read the full article for additional details on this breaking development.
The debate surrounding E-Verify is in full force. In the meantime, the federal government and many states are busy implementing regulations requiring employers to become E-Verify compliant and start using the E-Verify system for all of their new hires. The latest regulation is an Executive Order 12989 as Amended, dated as of June 6, 2008, which [...]
The Department of Homeland Security has announced an Interim Final Rule which creates a new online system which is part of the Visa Waiver Program (VWP). The new online system will require all nationals or citizens of VWP countries who plan to come to the United States under the VWP to register their travel in [...]
The recent OPT 17-month extension which went into effect in early April 2008 has been challenged in the U.S. District Court in Newark, N.J. by the Immigration Reform Law Institute, joined by the Programmers Guild and other organizations. The lawsuit challenges the administration's decision to extend the work period for students under the OPT program and argues that the OPT extension is just a way to go around the H-1B cap limit. The argument is based on the fact that the H-1B program, and its annual cap, is set by U.S. Congress and by extending the OPT by 17-month, the administration has circumvented the required process of consent by the U.S. Congress. Please read the full article on more details related to this important development.
Following the H-1B lottery, where roughly half of the applications were rejected in the lottery, we are providing an overview of the pending H-1B relief bills in Congress. The main piece of legislation in connection with H-1B relief is the SKIL Bill (HR 1930, S 1083). The bill would raise the H-1B cap to 115,000 and provide for market-based increase if the cap has been reached during the previous years. The bill would also exempt from the cap professionals with U.S. master's or higher degrees AND some medical specialty certificate awardees. Finally, the SKIL Bill contemplates including into the 20,000 advanced degree cap holders of advanced degree from non-U.S. educational institutions. Please read the full article for more details on the pending bills in Congress seeking to provide H-1B relief.
The United States Immigration and Customs Enforcement (ICE) has released a map of SEVIS-approved schools in the U.S. The map is useful tool for foreign students hoping to come to study in the United States or to transfer to a new school as it lists schools authorized to issue F-1 visas and other education-related immigration benefits. Please read the full post for details and link to the SEVIS-approved schools map.
USCIS is proposing to amend the regulations concerning the concurrent filing of employment-based I-140 and I-485 petitions as long as visa number is available to the alien beneficiary. The proposed rule seeks to amend the rule so that a worker applying for I-485 adjustment of status must be the beneficiary of an approved immigrant petition prior to the filing of the adjustment application. Please read the full article on the impact of the new rule and more details.