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Pasricha & Patel Takeaways:
USCIS has announced that it is resuming premium processing (expedited 15-day processing time) for those H-1B petitions that were filed in April 2018 and for which the USCIS has not yet finished adjudicating those petitions.
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Link : https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_february2019.pdf
Pasricha & Patel Takeaways:
U.S. Department of State’s February 2019 visa bulletin shows some encouraging movements in the employment-based preference categories. In particular, the employment-based 3rd visa preference category numbers for Indian nationals have even moved past the 2nd visa preference category numbers. And the bulletin also made some projections about visa availability in the next few months, with potential movement for EB-3 India for up to 3 months, while EB-2 India moving more slowly at one week.
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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
For all those looking to work or live in the United States, it is mandatory to be aware of the new trends, rules, and consequences before submitting an immigration application. The rigid policies and guidelines introduced by the U.S. Citizenship and Immigration Services (USCIS) have made it even more difficult for foreign nationals to obtain legal status in the U.S.
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Link:https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_january2019.pdf
Pasricha & Patel Takeaways:
The just-published January 2019 Visa Bulletin shows only slight movement in the employment-based preference categories. The initial prediction made by the U.S. Department of State’s Charlie Oppenheim (he is the Chief of the Visa Control and Reporting Division for the U.S. Department of State) back in the summer of 2018 that the EB-1 preference category (extraordinary ability; researcher & professor; and multi-national executive/manager) would see the retrogressed dates revert back to ‘Current’ has not come to fruition.
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https://www.uscis.gov/news/alerts/uscis-revises-interview-waiver-guidance-form-i-751
Pasricha & Patel Takeaways:
USCIS has published new guidance to clarify to the USCIS officers who are adjudicating the form I-751, petition to remove conditions on residence on when to consider waiving the interview requirement. Generally, the USCIS is supposed to interview a conditional permanent resident who is the principal petitioner on the form I-751, unless the interview is waived by the USCIS.
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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 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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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_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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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:
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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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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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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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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