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Tag Archives: employment-based immigration

Government Clarifies Standard for Obtaining National Interest Waiver

In a precedent decision, the USCIS Administrative Appeals Office (AAO) has revised the analytical framework for assessing eligibility for National Interest Waivers, a permanent residence category frequently used by experts in science, business and other fields.  The case is Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). This means that USCIS may now grant […]

Immigration Lawyers See Caseloads Surge as Anxious Clients Brace for Trump

The Washington Post reports that immigration attorneys in the Washington area and across the country say they have seen a surge in calls, consultations and clients since Election Day, a growth fueled by Trump’s anti-immigrant campaign rhetoric and the across-the-board gains of Republicans with hard-line views on border issues.  Not only undocumented persons are concerned: […]

USCIS Revises Form I-9 (Verification of Employment Eligibility)

US Citizenship and Immigration Services (USCIS) recently published a revised version of Form I-9, Employment Eligibility Verification. By January 22, 2017, employers must use only the new version, dated 11/14/2016. Until then, they can continue to use either the version dated 03/08/2013 or the new version. Among the changes in the new version, Section 1 […]

Effective May 10, 2016, STEM OPT Work Permits Expanded

May 10, 2016 The Department of Homeland Security (DHS) has amended its F–1 nonimmigrant student visa regulations on optional practical training (OPT) for students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the final rule allows such F–1 STEM students who have elected to pursue 12 months […]

USCIS Issues Policy Memorandum on “Same or Similar” Occupations and Job Portability

On March 18, 2016, U.S. Citizenship and Immigration Services finalized its policy on determining whether a new job is in the “same or similar” occupational classification with respect to job portability. The policy memorandum instructs USCIS employees on how to use the Department of Labor’s Standard Occupational Classification (SOC) codes and other evidence to determine if […]

H-1B Season is Here Again

On April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering, and computer programming. The congressionally mandated cap on H-1B […]

50,000 Foreign-Born STEM Workers May Be Forced Home

An article in U.S. News & World Report reveals that as many as 50,000 workers in the science, technology, engineering, and math (STEM) fields may be forced to leave the United States early next year, unless the Department of Homeland Security (DHS) acts soon to reissue a rule that extends the optional practical training (OPT) […]

New Procedure for Determining When to File Adjustment of Status

USCIS has sent out an alert that the State Department’s Visa Bulletin has changed as of October 2015.   Due to a long-existing shortage of Immigrant Visas, the backlog for some immigration categories results in a multi-year delay, for example 10 years for EB-2 Indians and more for EB-3 Indians.  When an application is filed in an […]

STEM OPT Work Permits at Risk

The U.S. District Court for the District of Columbia recently struck down a rule, enacted by the Department of Homeland Security (DHS) in April 2008 extending, for eligible science, technology, engineering, and mathematics (STEM) students, the duration of optional practical training (OPT) by 17 months. However, the court stayed that action until February 12, 2016, […]

H-1B Employers Beware – Amendment Might Be Required When Work Address Changes

H-1B Employers and Employees:  Your immigration attorney has been saying to you for years, “inform me of any change in the employee’s work location – if you change it, then we need to file an H-1B amendment application.” Now in a precedent decision, the USCIS Administrative Appeals Office has revoked an H-1B approval, finding a […]

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