Immigration Topics

REMINDER: H-1B Season Starts 4/1/2016

Posted by on Feb 11, 2016 in Immigration Topics | 0 comments

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...

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USCIS Announces Revisions to Determining Visa Availability for Applicants Waiting to File for Adjustment of Status

Posted by on Sep 10, 2015 in Immigration Topics | 0 comments

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...

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USCIS Issues Final Guidance on When to File an Amended/New H-1B Petition after Matter of Simeio Solutions, LLC

Posted by on Jul 21, 2015 in Immigration Topics | 0 comments

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 On May 21, 2015, USCIS issued draft guidance on this topic and solicited public comment regarding the implementation of Simeio.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...

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USCIS Issues Guidance on H-4 Dependent Spouse Employment Authorization

Posted by on May 28, 2015 in Immigration Topics | 0 comments

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...

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USCIS Temporarily Suspends Premium Processing for Extension of Stay of H-1B Petitions

Posted by on May 19, 2015 in Immigration Topics | 0 comments

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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