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Pasricha & Patel Takeaways:
USCIS has announced that it is proposing a new rule that would require H-1B petitioner/employers to pre-register online before submitting an H-1B cap petition. This proposal also calls for the switching of the order of the regular and master’s cap lotteries, in order to increase the odds of U.S. advanced degree holders being picked in the annual H-1B lottery.
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https://www.uscis.gov/news/alerts/uscis-clarifies-l-1-one-year-foreign-employment-requirement
Pasricha & Patel Takeaways:
USCIS has published a Policy Memorandum to clarify and explain the “one-year foreign employment requirement” for a qualifying U.S. organization that wishes to file for L-1 intracompany transfer petition to transfer an executive or manager (L-1) or a specialized knowledge worker (L-1B) from one of its qualifying foreign offices to one of its offices in the U.S.
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Categories: Attorneys , Business Immigration , Business Law , Citizenship , Commercial Litigation , Commercial Transactions , Corporate Law , Green Cards , Immigration Law , International Law , Investment Visas , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
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Categories: Attorneys , Business Immigration , Business Law , Citizenship , Commercial Litigation , Commercial Transactions , Corporate Law , Green Cards , Immigration Law , International Law , Investment Visas , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
More than ever, immigrating to the U.S, is a challenging process. When it comes to obtaining a visa there are many questions people have but often find answers difficult to come by. To help you understand what to look for and which aspects to keep in mind, Pasricha & Patel has answered some of the most frequently asked questions about U.S.A. immigration.
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https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_november2018.pdf
Pasricha & Patel Takeaways:
U.S. Department of State has published the November 2018 visa bulletin. When compared with the October 2018 visa bulletin, there is some movement in the family-based visa preference category priority dates, but there is hardly any movement in the employment-based visa preference category dates. But this was to be expected, as based on previous observations made by the U.S. Department of State in earlier visa bulletins this year.
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Pasricha & Patel Takeaways:
Beginning on Oct. 1, 2018, USCIS has started relying on electronic tablets to administer the English reading and writing test portion of the naturalization interview. Please do note that the civic test portion of the naturalization interview will still be administered orally.
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Categories: Attorneys , Business Immigration , Business Law , Citizenship , Commercial Litigation , Commercial Transactions , Corporate Law , Green Cards , Immigration Law , International Law , Investment Visas , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
Pasricha & Patel Takeaways:
USCIS has issued a reminder that those affected F-1 students who still have pending H-1B change of status petitions with the USCIS and who have been under ‘cap-gap protection’ may not continue to work on or after October 1, 2018, UNLESS they are otherwise authorized to continue employment (via their still-valid EAD cards).
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Categories: Attorneys , Business Immigration , Business Law , Citizenship , Commercial Litigation , Commercial Transactions , Corporate Law , Green Cards , Immigration Law , International Law , Investment Visas , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
https://www.uscis.gov/news/alerts/uscis-begin-implementing-new-policy-memorandum-notices-appear
Pasricha & Patel Takeaways:
USCIS will begin to implement its June 28 Policy Memo on issuing Notices to Appear (NTA) on October 1, 2018.
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Pasricha & Patel recently attended an IT industry event that was hosted by ITServe as part of its Synergy 2018 kickoff to their annual conference in Atlantic City, NJ.
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Categories: Attorneys , Business Immigration , Business Law , Citizenship , Commercial Litigation , Commercial Transactions , Corporate Law , Green Cards , Immigration Law , International Law , Investment Visas , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_october2018.pdf
Pasricha & Patel
While most of the employment-based preference categories’ dates have advanced, the EB-1 visa preference category is still backlogged and not yet ‘current’ due to continuing high demand by visa users who fit in this category.
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https://www.uscis.gov/news/news-releases/uscis-adjusting-premium-processing-fee
Pasricha & Patel
USCIS is increasing the premium processing fee from $1,225.00 to $1,410.00, starting on October 1, 2018.
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Pasricha & Patel
USCIS has provided clarification about the STEM OPT training requirements by stating that STEM OPT workers may participate in training that takes place at a work site other than the employer’s principal place of business
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Pasricha & Patel
USCIS has revised its final guidance on unlawful presence for students and exchange visitors by stating that F and M nonimmigrant students who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is still pending with the USCIS.
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Pasricha & Patel
This also means that the USCIS is in the middle of adjudicating and reviewing the various H-1B quota petitions that were picked in the lottery process, and the USCIS has even been issuing Requests for Further Evidence (RFE) notices for some cases, while also approving various H-1B quota petitions as well.
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Categories: Attorneys , Business Immigration , Business Law , Citizenship , Citizenship Green Cards , Commercial Litigation , Commercial Transactions , Corporate Law , Green Cards , Immigration Law , International Law , Investment Visas , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
The American Dream and the allure of prosperity, success, dignity of labor and freedom of employment have been attracting thousands of people to the shores of the United States of America. Whether they are seeking a better life or greener pastures, fulfilling the ‘The American Dream’ requires you to obtain a visa and clear immigration successfully.
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Pasricha & Patel, LLC
USCIS has just issued a new policy memo to its adjudicating officers in which it restores the adjudicators’ full discretionary authority to deny applications, petitions, and requests without the need to first issue a Request for Further Evidence, or a Notice of Intent to Deny.
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Categories: Attorneys , Business Immigration , Business Law , Citizenship , Commercial Litigation , Commercial Transactions , Corporate Law , Green Cards , Immigration Law , International Law , Investment Visas , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
Immigration law is a complicated area filled with unique issues and complexities. Having an experienced attorney guide you along the way can help ease the anxieties that you as a petitioner or a beneficiary can expect to experience.
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Categories: Attorneys , Business Immigration , Business Law , Citizenship , Commercial Litigation , Commercial Transactions , Corporate Law , Green Cards , Immigration Law , International Law , Investment Visas , Law Firm , Lawyers , Legal Services , Real Estate , Software Agreements , Technology Law , Trusts And Estates
https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_July2018.pdf
Pasricha & Patel
According to the latest projections at the U.S. Department of State, the recent increase in the filings of adjustment of status petitions with the USCIS will likely result in the temporary establishment or retrogression of some final action dates in the visa bulletin in order to hold the visa numbers within the fiscal year 2018 limit.
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https://www.uscis.gov/news/alerts/update-form-i-797-receipt-notices-form-i-751-and-form-i-829
Pasricha & Patel
USCIS has announced that it is extending the combined use of the I-797 filing receipt notices that are issued after the filing of I-751 petition to remove conditions on residence
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Pasricha & Patel
While the USCIS’s reminder is not new information, the USCIS wants to remind F-1 students that they should be mindful in making sure that they do not engage in unauthorized employment, especially if their employment authorization document (EAD) has been terminated due to school transfer or change in their educational level (i.e. starting master’s program after completing the bachelor’s degree program). EAD termination is done by the U.S. Immigration and Customs Enforcement (ICE) ‘s Student and Exchange Visitor Program (SEVP) informing the USCIS of the OPT /EAD termination date, and that termination is automatic. USCIS will then notify the affected F-1 student to allow the F-1 student the opportunity to correct any errors via the F-1 student’s Designated School Official (DSO). It is vital that F-1 students do not engage in unauthorized employment in the U.S. because that can lead to serious repercussions, such as removal from the U.S. and being barred from re-entering the U.S. in the future.
Should our readers have any further questions about OPT/EAD termination, please do not hesitate to contact our office to schedule a consultation to discuss this matter further.
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