Visa Bulletin for March 2016

The United States Department of State has recently published Visa Bulletin for March 2016 which include availability of family-based and employment-based imm...

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H-1B Cap Reminder

There are only six (6) weeks before the start of the FY 2017 H-1B Cap filing season and to ensure timely filing, it is recommended that employers start submitting LCAs and gathering the necessary documents AS SOON AS POSSIBLE. Last year, USCIS received a record number of 233,000 cap petitions and it is likely that the numbers will b...

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Revision of the Visa Waiver Program

Although it is probably already well known to everyone, the U.S. government has revised the visa waiver program with changes effective on January 26, 2016.  These revision and enforcement of the changes to the Visa Waiver Program were made to under the Visa...

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New U.S. Rule Extends Stay for Some Foreign Graduates

The U.S. government will publish the rule on Friday(March 11, 2016), enabling international students earning degrees in STEM field (Science, Technology, Engineering and Mathematics) in the U.S. be eligible to stay for up to three years of on-the-job training. This will replace the 2008 rule for ...

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DHS Pilots Know Employer Program

In January 2015, as part of the White House’s 2015 , the U.S. Department of Homeland Security (DHS) announced that it is testing a new , which ultimately aims to streamline the adjudication of some employment-based benefit requests.  Similar to the L-1 Blanket program, under the Known Employer Pilot...

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Amended Regulations on Optional Practical Training (OPT) for Students with Science, Technology, Engineering and Mathematics (STEM) Degrees.

On March 11, 2016, the U.S. Department of Homeland Security (DHS) published amended regulations on OPT for International Students with STEM Degrees. The amended regulations will allow F-1 STEM students to be able to extend their OPT for an additional 24 months beyond the initial 12 months....

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Delay on Premium Processing for FY 2017 Cap-Subject Petitions

Based on the past few years, it’s reasonable to predict that we will see another lottery for FY 2017.  From FY 2014 all the way to 2016 there was a lottery in the first week of April for the Regular Cap as well as the Advanced degree Cap. ...

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H-1B Applications for FY 2017

On April 1, 2016, USCIS began accepting H-1B applications for FY2017 (for the fiscal year from October 1, 2016 to September 30, 2017). USCIS will receive petitions until they determine that they have received m...

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New USCIS Decision Says Evidence of Overseas Personnel Supporting International Managers Should Be Considered for L-1A Classification.

The USCIS Administrative Appeals Office (AAO) recently adopted a binding decision on how to determine “managerial capacity” for L-1A classification. Specifically, the decision holds that when staffing levels are considered in deciding whether an individual will act as a manager, the USCIS must consider the sponsoring employer’s...

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E visa options for foreign nationals

For individuals from certain countries who are interested in working, investing, or starting a business in the U.S., one option to consider is the “E” visa. This article will briefly address what an E-1 and E-2 visa is, discuss some key issues and requirements for each category, and how they may help you gain U.S. work authorizat...

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