On August 28, 2018, the USCIS announced that an April suspension of premium processing for Cap-subject H-1B petitions would continue and would be expanded as of September 11, 2018, to other H-1B petitions, most notably, H-1B extensions and H-1B “change of employer”. The suspension of H-1B premium processing for these types of H-1B petitions is expected to last until… [Read More]
EB Visa Availability Update
Retrogression of visa category priority dates impact EB petition applications According to recent information that the American Immigration Lawyers Association (AILA) gained from the U.S. Department of State, the EB-1 Worldwide category is likely to remain retrogressed through December 2018. When visa categories are retrogressed, applicants can still file I-140 petitions; however once the I-140… [Read More]
Rule By Memorandum: What You Need to Know about USCIS Updates to NTA Policy
A memo published July 5 by the United States Customs and Immigration Services (USCIS) outlines a policy change that could have far reaching implications for those in the United States on work or student visas. Change in Notice to Appear Policy The July memo, which, among other decrees, instructs USCIS to issue a Notice to… [Read More]
Why President Trump Doesn’t Need to Change Laws to Rewrite Immigration Policy
The “zero-tolerance” policy on illegal immigration instituted by Attorney General Jeff Sessions in April and discontinued Wednesday via executive order by President Trump has resulted in the separation of children from their parents and placed a human face on one of the hallmarks of President Trump’s approach to immigration reform – using unyielding interpretation of existing… [Read More]
Not Just Dreamers – Here Are Three Real Immigration Problems Congress Should Address (And How to Fix Them)
House Speaker Paul Ryan on Tuesday announced two votes on immigration legislation in the United States House of Representatives, derailing efforts by bipartisan group of U.S. Representatives to secure the signatures necessary to vote on competing immigration reform bills using a discharge petition. The upcoming votes on two separate immigration bills – one proposed by… [Read More]
Physician Groups Worry H-1B Scrutiny to Impact Patient Care
National physician groups are worried that increased scrutiny on H-1B visa applications will impact patient care at teaching hospitals throughout the United States, according to a letter sent to United States Citizenship and Immigration Services (USCIS) Director Francis Cissna. Prevailing Wage RFEs Due to Lack of Data The letter expresses concern that non-U.S. international medical graduates (IMGs)… [Read More]
Six Common SEVIS Mistakes and Staying SEVP Compliant with Today’s USCIS
While a May 10 memo from United States Customs and Immigration Services (USCIS) does not necessarily change the immigration law around popular student visas, it does go further in clarifying the USCIS policy on enforcing legal status in the United States. These changes could result in increased penalties for students and their sponsoring organizations. It… [Read More]
Top Three Options for Individual Not Selected in H-1B Cap Lottery
The USCIS announced this morning that it has received sufficient H-1B Petitions for both the “regular” and “Master’s Degree” Caps and that it is no longer accepting Cap-Subject Petitions. The lottery is expected to begin next week with notifications beginning in mid-to late-May. H-1B Alternatives For those employees that are not selected in the H-1B… [Read More]
Extraordinary Ability, Pizza, and America’s First Lady
The month of March brought news stories that had many people unfamiliar with business immigration asking, “What is extraordinary ability, anyway?” “Extraordinary ability” is a term used for temporary O visas and EB-1 petitions for permanent residence. Broadly, these processes are used to bring the best and brightest to the United States – and sometimes… [Read More]
Recruiting Foreign Students in the Trump Years
For the first time in years – if not decades – colleges, universities and graduate programs in the United States are facing a decline in enrollment of foreign students. This month, CNN reported F-1 visas issued to foreign students decreased nearly 20 percent in the year that ended September 20, 2017. The Wall Street Journal… [Read More]
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