The Department of Homeland Security has submitted a proposal to rescind the H-4 spousal work authorization regulation to the Office of Management and Budget (OMB) for review. The rule was…
On March 11, USCIS will introduce a new Form I-539, Application to Extend/Change Nonimmigrant Status. This revised version of the form will be implemented immediately upon release and no older…
Kelly R. LeGrand Weiner spoke on E-2 visa issues at a Corporate Practice Committee event for AILA’s New York chapter as part of a larger conversation with business immigration practitioners…
H-1B cap season for fiscal year 2020 will begin on April 1, 2019. Employers should start preparing for cap petitions now as applications not received within the first five business…
Starting on March 1, 2019, H visa and L visa interviews in Mainland China will only be conducted at the U.S. embassy in Beijing, the U.S. consulate in Guangzhou, and…
The Department of Homeland Security has announced in an advanced copy of the new H-1B regulation that the cap registration system will be postponed until the next filing period in…
USCIS has announced that it will resume premium processing on January 28, 2019 for all pending FY 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the…
USCIS has sent the final version of the new H-1B cap registration rule to the Office of Management and Budget, moving the proposal closer to completion. The OMB has up…
We are three weeks into the government shutdown since December 21, 2018 and the following is an update on different immigration agencies and services. Visa Applications Overseas Consulates are still…
We just received an H-1B approval from U.S. Citizenship & Immigration Services for a cap-subject H-1B. The H-1B was approved after a Request for Evidence questioning if the position was…
Congress passed a bill on December 7 that funded the U.S. government until December 21. On or before December 21, Republicans and Democrats have to come to an agreement over…
On Monday, the Office of Management and Budget (OMB) approved a USCIS proposal altering the H-1B Cap procedure, the new proposal is expected to be published for public comment in…
In the coming days, a revised Labor Condition Application (LCA) will be published in the Federal Register that will require employers to name the end-client or vendor for H-1B, H-1B1,…
We just had an H-1B employee visa approval at the U.S. Consulate in Shanghai for an Accountant. The applicant has a Master's degree from a U.S. University and was granted the…
Scott Legal, P.C. just had an H-1B approval for a market analyst. The approval was based on the April H-1B season and the petition was approved for 3 years. H-1B…
Foreign nationals who are preparing to file an application for an immigration benefit with USCIS, or those who have already filed an application and are waiting for a decision, may…
We just had an H-1B petition approval at the USCIS Vermont Service Center. The beneficiary was granted H-1B status as a Market Research Analyst. A Request for Evidence was received…
The Department of Homeland Security have announced that starting from September 30, 2018, the Form I-907 premium processing fee will increase from the current $1225 to $1410. Premium processing is…
USCIS has extended and expanded the suspension of premium processing for certain H-1B cases. This suspension affects Fiscal Year 2019 pending cap cases and, starting from September 11, 2018, most…
The Department of Homeland Security has notified the courts that the draft rule to rescind H-4 work authorization, one that was supposed to be announced by February, then postponed to…
In May 2018, USCIS quietly changed the rules for offsite STEM OPT workplace placement on its website that disallowed STEM OPT students from being placed with a third party. For…
Scott Legal, P.C. just had an H-1B visa approval for an Operations Manager of a Commercial Bank for a national of India. The applicant was granted status for 3 years, and the application…
USCIS have finished returning unselected H-1B petitions that were not selected in the FY2019 cap lottery. Employers should receive petition packages and fee checks by August 13, 2018. This year,…
Scott Legal, P.C. just had an H-1B approval for a lawyer. While this is normally an easy category for an H-1B the lawyer had complex degree equivalency issues to address…
In the Annual Report to Congress, USCIS Ombudsman Julie Kirchner has addressed several anti-fraud initiatives that have caused delays and longer processing times for many applications. The Ombudsman’s office is…