On January 13, 2025, the USCIS announced updated filing procedures for Form I-140, Immigrant Petition for Alien Workers. These changes are in response to the U.S. Department of Labor (DOL) implementing a new system for permanent labor certifications, known as the Foreign Labor Application Gateway (FLAG), which went into effect on June 1, 2023.
BlogPasricha & Patel
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Updated USCIS Policy Guidance for O-1 Nonimmigrants
On January 8, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued a policy guidance that clarifies how USCIS evaluates evidence in determining eligibility for O-1A nonimmigrants of extraordinary ability. This also includes adding examples of evidence for individuals in critical and emerging technologies.
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USCIS Sets February 2025 Adjustment of Status Filing Charts for the Visa Bulletin
Categories: Attorneys , Immigration Law , Law Firm , Lawyers , USCIS , Visa Bulletin
Sheetal A. Patel of Pasricha & Patel, LLC, explains the adjustment of status filing charts for the Visa Bulletin
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New H-1B Modernization Rule
Categories: F-1 , H-1B Visa , immigration attorneys , Immigration Law , Law Firm , Legal Advice , USCIS
In December of 2024, USCIS announced a final rule that will be making significant changes to the H-1B nonimmigrant visa category. According to the USCIS, the purpose of said changes is “to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures” as well as strengthen “program integrity.” These adjustments will primarily affect H-1B specialty occupation workers, but they also include provisions that will have an impact on other nonimmigrant categories such as E-3, F-1, H-2, H-3, L-1, O, P, Q-1, R-1, and TN. Here are some key takeaways from the final rule.
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Current Status of BOIR Filing Requirements
Categories: BOIR , Compliance , Corporate Transparency Act , FinCEN , Legal Advice
The hotly contested Corporate Transparency Act (the “CTA”) aims to combat illicit financial activities and promote transparency for businesses. However, legal challenges, including by Texas Top Cop Shop, Inc., have led to temporary halts in its enforcement, specifically pausing the Beneficial Ownership Information Reporting (“BOIR”) requirements mandated under the CTA. Subject to certain exceptions, the BOIR requirements apply to most corporations, limited liability companies (LLCs), and other similar entities created or registered to do business in the United States.
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USCIS Releases Updated Guidance on Evidence for International Entrepreneur Rule Applicants
Categories: Attorneys , immigration attorneys , Law Firm , Lawyers , Legal Services , USCIS
On December 12, 2024 the USCIS released new policy guidance to help people applying for International Entrepreneur Parole. This parole allows foreign entrepreneurs to stay in the U.S. temporarily if their startups are expected to grow quickly and create jobs. The addition of these new guidelines is to explain what types of evidence entrepreneurs should provide when applying. These changes are effective immediately for all new applications and any pending cases.
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USCIS Announces Updates to Case Assistance and Communication Guidelines
Categories: Attorneys , Business Immigration , H-1B Visa , Immigration Law , International Law , Law Firm , Lawyers , Legal Services
USCIS has updated its policy manual to make it easier for people to get help with their cases and provide feedback. These changes aim to improve the customer’s experience by making the process of managing cases and addressing concerns more efficient. The update also clarifies response times and provides new tools to help individuals interact with the USCIS more easily.
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USCIS Offers Flexibility During and After Emergencies or Unforeseen Circumstances
Categories: Attorneys , Business Immigration , Green Cards , H-1B Visa , immigration attorneys , Law Firm , Lawyers , Legal Services
On December 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced an update to their policy manual that provides clarity on the flexibilities that may be available for individuals requesting immigration benefits.
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DHS Extends Automatic Extension Period for EAD Renewals
Categories: Attorneys , H-1B Visa , immigration attorneys , Immigration Law , L-1 Visa , Law Firm , Lawyers , Legal Services
On December 10, 2024, the Department of Homeland Security (DHS) announced a final rule that will improve access to employment authorization documents (EAD) for eligible individuals. This final rule specifically highlights the permanent increase in the automatic extension period of EADs from up to 180 days initially to up to 540 days for eligible noncitizens who file a timely request for the renewal of their extension.
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USCIS Mandates Submission of Immigration Medical Examination and Vaccination Record with Form I-485 for Certain Applicants
Categories: Attorneys , immigration attorneys , Immigration Law , Law Firm , Lawyers , Legal Services , USCIS
The United States Citizenship and Immigration Services (USCIS) has announced a new requirement for certain applicants filing Form I-485, the Application to Register Permanent Residence or Adjust Status. Going forward, applicants must submit Form I-693, the Report of Immigration Medical Examination and Vaccination Record, to accompany the Form I-485, or the application may be rejected. (Note: Previously, the applicant could submit the form I-693 subsequent to the filing of the initial form I-485.) Form I-693 serves as proof that the applicant is free from health-related conditions that would make them inadmissible under U.S. immigration law.
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Governor Murphy Signs the Freedom to Read Act
Categories: Law Firm
As a significant step toward protecting intellectual freedom, New Jersey Governor Phil Murphy recently signed the Freedom to Read Act bill into law, now making New Jersey the third state to enact on book bans. This new legislation aims to protect the rights of individuals, educators, and libraries in New Jersey from censorship, ensuring access to a broad range of reading materials. Furthermore, under this law, public and school libraries are barred from excluding books because of the origin, background, or views of the material or of its authors.
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USCIS Sets January 2025 Adjustment of Status Filing Charts for the Visa Bulletin
Categories: EB-1 , EB-2 , EB-3 , EB-4 , EB-5 , Visa Bulletin
Sheetal A. Patel of Pasricha & Patel, LLC, explains the adjustment of status filing charts for the Visa Bulletin
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USCIS Reaches Fiscal Year 2025 H-1B Cap
Categories: H-1B Visa , Immigration Law , USCIS
On December 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that it had received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for the fiscal year (FY) 2025.
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Important Update on Changes to T Nonimmigrant Status Guidance
Categories: Immigration Law
The United States Citizenship and Immigration Services (USCIS) has made some key updates regarding the T Nonimmigrant Status, also known as T visa, which is designed to protect certain victims of severe human trafficking. On April 30, 2024, the USCIS released a final rule that updated the guidance in their Policy Manual, in order to improve the application process for eligible victims and strengthen the T visa program.
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USCIS Updates Rules for the International Entrepreneur Program
Categories: Business Law , Entrepreneurship
The USCIS has made changes to the International Entrepreneur Rule in its Policy Manual. The changes clarify the automatic increase in investment and revenue thresholds, which will now be adjusted every 3 years, and how the USCIS will go about coordinating biometric appointments for certain applicants. These adjustments, effective from October 1, 2024, reflect the Fiscal Year 2025 Final Rule published in July 2024, which sorts the automatic increases for applicants under the International Entrepreneur Program.
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USCIS Simplifies Naturalization Process for Lawful Permanent Residents
Categories: Citizenship , Immigration Law , Naturalization , USCIS
On November 14, 2024, the U.S. Citizenship and Immigration Services (USCIS) updated their policy manual in regard to the naturalization process. Under the new guidance, a naturalization applicant’s burden in demonstrating that they have been lawfully admitted for permanent residence solely applies to their initial admission or adjustment to LPR status.
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USCIS Sets December 2024 Adjustment of Status Filing Charts for the Visa Bulletin
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USCIS Sets November 2024 Adjustment of Status Filing Charts for the Visa Bulletin
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10th Annual Entrepreneurship Through Acquisition Conference at HBS: Key Takeaways
This weekend, I had the pleasure of attending Harvard Business School’s Entrepreneurship Through Acquisition Conference.
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NOVEMBER 2024 VISA BULLETIN: VISA DATES EXPERIENCE LITTLE MOVEMENT
Categories: Attorneys , F1 , F2A , F2B , F3 , F4 , Immigration Law , Law Firm , Lawyers
The U.S. Department of State (DOS) publishes current immigrant visa availability information on its Visa Bulletin. The Visa Bulletin shows when immigrant visas are available for issuance to prospective immigrants based on their individual priority dates. Every month, the DOS publishes two charts per visa preference category on its Visa Bulletin. The charts are based on the Application Final Dates and Dates for Filing Applications.
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