REMINDER: H-1B Season Starts 4/1/2016
The U.S. Citizenship & Immigration Services (USCIS) will begin accepting new H-1B visa petitions for professional workers that count against the 2017 Fiscal Year (“FY2017”) cap on Friday April 1 2016. These professionals will be eligible to begin H-1B employment on October 1, 2016. Employers and professionals are urged to begin the H-1B petition process now to ensure their cases are ready to be received by the USCIS on Friday April 1, 2016 , the earliest possible filing date for an October 1, 2016 start date. A high demand for H-1B cap numbers is expected. The annual H-1B quota is...
Read MoreUSCIS Announces Revisions to Determining Visa Availability for Applicants Waiting to File for Adjustment of Status
On 9/9/2015, the USCIS announced revised procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revisions implement a key initiative part of the administrative action on immigration announced by President Obama and the Secretary of Homeland Security in November 2014 and intended to alleviate some of the hardships of lengthy immigrant visa backlogs. The new procedures, in coordination with the U.S. Department of State(DOS), are also intended to enhance the DOS’s ability to more...
Read MoreUSCIS Issues Final Guidance on When to File an Amended/New H-1B Petition after Matter of Simeio Solutions, LLC
On April 9, 2015, the precedent decision Matter of Simeio Solutions, LLC (Simeio) was issued. This decision represents the USCIS position that H-1B petitioners are required to 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. On May 21, 2015, USCIS issued draft guidance on this topic and solicited public comment regarding the implementation of Simeio. On July 21, 2015, USCIS issued final guidance on the implementation of the AAO precedent decision in Matter of Simeio Solutions, LLC for when an...
Read MoreUSCIS Issues Guidance on H-4 Dependent Spouse Employment Authorization
Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B nonimmigrant: Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of...
Read MoreUSCIS Temporarily Suspends Premium Processing for Extension of Stay of H-1B Petitions
On May 19, 2015 the USCIS announced that starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015. USCIS will refund the premium processing fee if: A petitioner...
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