Headlines: 1. New L-1B Memo Addresses Some Issues, But Concerns Remain -Some practitioners expressed concerns that the memo still gives adjudicators broad discretion to issue RFEs and denials. 2. USCIS Discontinues Legacy E-Filing System -After the legacy system is decommissioned and before the new system is fully operational, applicants must use paper forms for several […]
Headlines: 1. District Court Strikes Down DHS Rule Extending STEM OPT, But Stays Action Until 2016 -The court struck down a 2008 interim rule extending the duration of STEM OPT by 17 months but stayed that action until February 12, 2016, to avoid disruption and allow DHS to submit the rule for notice and comment. […]
Headlines: 1. USCIS Issues Final Guidance on When To File Amended or New H-1B Petitions After Matter of Simeio Solutions -In general, H-1B petitioners must file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition. 2. Obama Administration Moves Forward […]
Headlines: 1. USCIS Ombudsman Annual Report Notes Continuing RFE Issues -The Ombudsman continues to be concerned with the quality and consistency of adjudications and the issuance of unduly burdensome requests for evidence, among other things. 2. China Visa Availability Retrogresses in Some Categories in August, Other Categories Advance -An “extremely large increase” in applicant demand […]
Headlines: 1. U.S. Supreme Court Decides Two Immigration Cases -The U.S. Supreme Court has decided two immigration cases with potentially far-reaching implications, Kerry v. Din and Mata v. Lynch. 2. Visa, Passport Computer Problems Mostly Resolved -Among other things, the problems caused delays at the U.S.-Mexico border with seasonal workers being unable to enter the […]
Headlines: 1. State Dept. Reports Visa, Passport System Errors -The Bureau of Consular Affairs reported technical problems with overseas passport and visa systems. 2. USCIS Reopens FY 2015 H-2B Cap for Temporary Nonagricultural Workers -On June 5, 2015, USCIS reopened the congressionally mandated fiscal year 2015 cap and is accepting petitions requesting new H-2B temporary […]
Headlines: 1. USCIS Suspends Premium Processing Until July 27 for Extension of Stay H-1B Petitions; New Form In Effect -USCIS said this temporary suspension will allow the agency to implement its final rule on employment authorization for certain H-4 spouses in a timely manner. 2. USCIS Releases Revised I-765 Application for Employment Authorization -The revised […]
Headlines: 1. H-1B Premium Processing Has Begun -On April 27, 2015, USCIS began premium processing for cap-subject H-1B petitions requesting it, and for petitions seeking an exemption from the H-1B cap for individuals with a U.S. master’s degree or higher. 2. District Court Grants Extension to DOL for H-2B Program -DOL will continue to process […]
Headlines: 1. USCIS Reaches H-1B Cap for FY 2016; Premium Processing Starts Soon -USCIS received almost 233,000 H-1B petitions in the first week of April. 2. Senators Seek Multi-Agency H-1B Program Investigation -The senators expressed concerns about U.S. workers being displaced by H-1B workers following allegations that Southern California Edison replaced approximately 400 information technology […]
Headlines: 1. Reminder: File H-1B Petitions Early! -USCIS said it expects to receive more petitions than the H-1B cap during the first five business days of this year’s program, which began on April 1. 2. USCIS Updates L-1B ‘Specialized Knowledge’ Guidance -The memo provides guidance on how L-1B petitioners may demonstrate that an employee has […]