In 2022, USCIS started allowing employers who were enrolled in E-Verify to remotely examine their employees’ Form I-9 documents. If employers began using the remote examination method, they must do so consistently with all their employees who started working at that worksite.
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USCIS Issues Policy Guidance and Clarifications on Children’s Acquisition of Citizenship
Categories: Citizenship , USCIS
In a recent update from the United States Citizenship and Immigration Services (USCIS), new clarifications were provided regarding the acquisition of U.S. citizenship by children born abroad. To clarify, acquisition of citizenship is the capacity that individuals born abroad must achieve U.S. citizenship through at least one parent that holds U.S. citizenship.
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USCIS Announces Second Round of Random Selection for Previously Submitted FY 2025 H-1B Cap Registrations
In March 2024, the U.S. Citizenship and Immigration Services (USCIS) conducted an initial round of random selection on electronic registrations that were properly submitted for the fiscal year (FY) 2025 H-1B cap. This also included beneficiaries eligible for the advanced degree exemption. As part of this process, petitioners with selected registrations for FY 2025, were eligible to file H-1B cap petitions during the filing period indicated on their registration selection notice. The initial filing period for those registrations began on April 1, 2024, and concluded on June 30, 2024.
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USCIS Increases Investment and Revenue Thresholds for International Entrepreneur Rule
Categories: Business Immigration , Entrepreneurship , Immigration Law , International Entrepreneur Rule , USCIS
Effective October 1, 2024, the U.S. Citizenship and Immigration Services (USCIS) will increase the investment and revenue thresholds under the International Entrepreneur Rule (IER). This adjustment mandated every three years aims to account for inflation. However, the application fee remains the same.
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New Opportunities: USCIS to Accept Parole Applications for Undocumented Spouses Starting August 19
Categories: Citizenship , Citizenship Green Cards , Green Cards
This article was written by Sheetal A. Patel and published in New India Abroad’s weekly e-paper on July 27, 2024. Visit New India Abroad and go to page 15 of the e-paper to see the article.
The Biden Administration earlier this month announced a unique opportunity for undocumented spouses of United States citizens and qualifying noncitizen children to apply for “parole in place".This program will enable up to 550,000 people to receive temporary protections and work authorization in the United States. Most importantly, it will provide a path to apply for lawful permanent resident (LPR) status through their spouses without having to leave the United States, and eventually obtain U.S. citizenship.
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New Policy Implementations from the Biden Administration to Protect Certain Undocumented Immigrants
Categories: Citizenship , Law Firm , Lawyers , Legal Services
The Biden administration has announced new policies that would offer legal status to a wide array of immigrants living in the United States without the proper and necessary documentation. This program that is being crafted would provide work permits and certain deportation protections to those unauthorized immigrants married to U.S. citizens. Their eligibility to receive such protections is determined on a case-by-case basis.
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Policy Updates Regarding Family-Based Immigrant Visas
Categories: Attorneys , Citizenship , Law Firm , Lawyers , Legal Services
Beginning on May 22, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a new update in the USCIS Policy Manual regarding family-based immigrant petitions. This policy update explains how USCIS handles correcting errors for approval notices, requests for consular processing or adjustment of status on the beneficiary’s behalf, and correct routing of procedures for approved petitions.
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A Quick Guide to Indian Ownership of Business Entities in the United States
Categories: Indian Startups , Startup Law , Startups
Expanding a startup business into the United States can be a lucrative prospect for Indian founders. Understanding the complex landscape of U.S. business entities and ownership regulations prior to taking the first steps of expansion is essential to ensure legal and regulatory compliance from the get-go. Below is a quick breakdown of the types of U.S. business entities that Indian nationals and Indian parent companies can and cannot own.
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Service Agreements – Five Critical Provisions
Categories: Commercial Transactions , Corporate Law , Software Agreements , Technology Law
As a busy business owner, you juggle many responsibilities. However, slowing down to review key provisions in service agreements can save you from costly surprises, inadvertent breaches of contract, and potential legal fees.
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CCPS (Indian) vs. Convertible Preferred Stock (American)
Categories: Indian Startups , Startup Law , Startups
As of 2024, Compulsorily Convertible Preference Shares (“CCPS”) have become the default form of equity offered to venture capitalists and other sophisticated investors in the early financing rounds of an Indian startup. CCPS are a type of preferred shares subject to a mandatory conversion into “ordinary equity” at a later date. In American terms, CCPS function similarly to grants of “convertible preferred stock” in that the subject equity in its original form is conferred with specified preferred rights for the holder, such as fixed dividends, liquidation preference, etc. While a conversion to “ordinary equity” is inevitable for CCPS, convertible preferred stock generally comes with the option to convert.
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USCIS Announces Updates for the Fiscal Year 2025 H-1B Cap Registration Process
Categories: Citizenship , H-1B Visa , Law Firm , Lawyers
On April 1, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that enough electronic registrations were received during the initial registration period to reach the numerical allotments (H-1B cap) for the fiscal year (FY) 2025.
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USCIS Incorporates Department of Labor’s Definition of “Science or Art” Into Its Policy Manual
Categories: Attorneys , Citizenship , EB-2 , EB-3 , Law Firm , Lawyers
The U.S. Citizenship and Immigration Services (USCIS) issued a policy guidance in their policy manual announcing the adoption of the U.S. Department of Labor (DOL)’s definition of “science or art” into its own policy manual. This clarification specifically impacts adjudication of EB-2 & EB-3 visa preference categories for Schedule A Group II cases.
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THE END OF THE NON-COMPETE?
Categories: Attorneys , Law Firm , Lawyers
Celebrations of free market capitalism on one side, and accusations of egregious agency overreach on the other. The Federal Trade Commission’s long expected ban on employer enforced non-compete provisions is finally here.
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The Board Rules Delaware: Delaware Chancery Court Curtails Founder's Control Over Board of Directors
Categories: Attorneys , Business Law , Corporate Law , Law Firm , Legal Services
The preeminent authority of the Board of Directors of a Delaware corporation (the “Board”) is statutorily conferred by Section 141(a) of the Delaware General Corporation Law (the “DGCL”), which dictates that “the business and affairs of every corporation organized under this chapter shall be managed by or under the direction of a board of directors, except as may be otherwise provided in this chapter or in its certificate of incorporation.”
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USCIS Outlines New Update on the Validity Period for Form I-693
Categories: Citizenship , Citizenship Green Cards , Law Firm , Lawyers , Legal Services
On April 4, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed off by a civil surgeon on or after November 1, 2023, no longer has an expiration date and can be used indefinitely as evidence that an applicant is not inadmissible on health-related grounds. Form I-693 is the form that USCIS designated civil surgeons to fill out on behalf of the applicants who are applying for adjustment of status to become lawful permanent residents. This form is used to establish that an individual is not inadmissible to the United States on public health grounds.
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USCIS Sets May 2024 Adjustment of Status Filing Charts For the Visa Bulletin
Categories: EB-1 , EB-2 , EB-3 , EB-4 , EB-5 , F1 , F2A , F2B , F3 , F4 , Immigration Law , Law Firm , Lawyers , Legal Services
Sheetal A. Patel of Pasricha & Patel, LLC, explains the adjustment of status filing charts for the Visa Bulletin
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USCIS Expands Automatic Extension of Certain Employment Authorization Documents to Improve Access to Work Permits
Categories: Citizenship , immigration attorneys , Immigration Law , Lawyers
On April 4, 2024, the U.S. Citizenship and Immigration Service (USCIS) announced a temporary final rule (TFR) that will increase the automatic extension period for certain timely filed renewals for expiring Employment Authorization Documents (EADs) from 180 days up to 540 days. This announcement is made to help to improve work access to eligible foreign nationals.
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