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Tag Archives: employment-based immigration

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 […]

Update: USCIS Completes Data Entry for FY2016 H-1B Cap-Subject Petitions

Update by USCIS: May 5, 2015 From: U.S. Citizenship and Immigration ServicesSent: Monday, May 04, 2015 2:54 PMSubject: USCIS Completes Data Entry of Fiscal Year 2016 H-1B Cap-Subject Petitions USCIS announced May 4, 2015, that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in our computer-generated random process. USCIS […]

H-1B Delivery Problems at Vermont Service Center

In this firm’s Fall 2014 Newsletter, we discussed the situation with foreign professional workers applying for H-1B work visas.  There are only 85,000 of those visas available per year.  Recently each year, companies have used up all 85,000 visas during the first week they are available. The government then conducts a random lottery to pick the […]

“Public Access File” Requirement for H-1B Employers

In a procedure designed to “protect” American workers from the inappropriate hiring and treatment of foreign workers, H-1B employers are required to maintain a file, referred to as the “public access file.” It is to be made available for public inspection, most commonly by the US Department of Labor or US Citizenship and Immigration Services […]

STATE DEPARTMENT ANTICIPATES FORWARD VISA NUMBER MOVEMENT IN SOME EMPLOYMENT-BASED IMMIGRATION CATEGORIES

The Department of State’s Visa Bulletin for February 2015 notes that movement is possible in some employment-based categories in the coming months. In the employment-based “Worldwide” third preference category, the Visa Office expects rapid forward movement “for at least another month or two.” The bulletin notes that rapid movement in recent months is expected to […]

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State Department No Longer Requires Original Documents for Consular Processing!

A State Department memorandum announces that the National Visa Center (NVC) will cease collecting original civil documents in support of immigrant visa (IV) applications as of November 12, 2014. Most applicants will be required to submit photocopies of supporting documents (such as birth, marriage, and police certificates) and will be instructed to take their original documents to […]

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