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Tag Archives: Visas

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 […]

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 […]

USCIS Reaches FY2017 H-1B Cap

On April 7th, U.S. Citizenship and Immigration Services (USCIS) announced has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will use a computer-generated process, also known as the lottery, to randomly select the […]

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 […]

Update on State Department’s Visa System

June 29, 2015 The State Department has issued an alert that, as of June 26th, all visa-issuing embassies and consulates are back online. Consular staff worked over the weekend to clear backlogs which they anticipate will be done by early this week. On June 26, 2015, DOS updated their alert with the following language: All […]

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 […]

Bloomberg: Getting a Visa Took Longer Than Building Instagram

In this Bloomberg article, read about how Instagram almost didn’t happen, and the U.S.’s convoluted immigration system would have been to blame.  Before Mike Krieger created the wildly popular photo-sharing app with business partner Kevin Systrom, he was living in Silicon Valley on a temporary work visa.  If not for some lucky breaks navigating the country’s […]

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 […]

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