NEW H-1B AMENDMENT RULES

  We are disseminating a very important announcement for H-1b Holders about NEW REGULATIONS REGARDING H-1B AMENDMENTS. The following are excerpts along with our comments from the USCIS Memo. In a nutshell, if you have an employee who has MOVED LOCATIONS or if your company has moved locations OUTSIDE of an MSA (generally...

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New H-4 EAD Rule

The U.S. Department of Homeland Security (DHS) has finalized a regulatory change that will allow certain H-4 dependent spouses to apply for employment authorization documents (EADs). The new regulation was effective on May 26, 2015.   Please note that not all H-4 dependents will be eligible to apply for EADs. The EAD provides ...

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Preclearance

On May 29, 2015, Secretary of Homeland Security, Jeh Johnson, announced that the U.S. is intending to enter negotiations to establish preclearance operations at 10 airports in 9 new countries, including Japan, Belgium, the Dominican Republic, Netherlands, Norway, Spain, Sweden, Turkey, and the United Kingdom. If negotiations are s...

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What Factors Affect a PERM Prevailing Wage Determination

In the PERM stage of the green card process, usually once the beneficiary’s employer has finalized all job duties and requirements, it is a mandatory step to submit a prevailing wage request (PWR) to the Department of Labor’s National Prevailing Wage Center (NPWC) to determine the prevailing wage of the offered position. It is an...

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CBP new data collection

U.S. Customs and Border Protection (CBP) has announced that they will begin testing a new way to collect biometric data of foreign national travelers using a handheld mobile device. CBP officers will be stationed near loading bridges of selected flights departing the U.S. to scan travelers’ fingerprints and passports. This data wil...

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Change in Procedure for E-1/E-2 Visa Stamp applications at the U.S. Embassy/Consulates in Japan

Employees of E-visa registered companies who are working in Japan must apply for an E visa at a U.S. Embassy or Consulate and attend an interview before they can receive an E visa stamp and be transferred to the U.S. The U.S. Embassy/Consulates used to require that E-visa registered companies submit an updated Form DS-156E once a yea...

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On July 21 2015, USCIS Issued Final Guidance on H-1B Worksite Location Changes

We previously wrote an article on this issue when The Administrative Appeals Office (AAO) on April 9, 2015, handed down a precedent decision, Matter of Simeio Solutions. Generally, for relocations occurring after April 9 but prior to August 19, employers will have until January 15, 2016 to file amended H-1b petitions. We i...

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National Visa Center Blunders

On July 30, 2015, the National Visa Center (“NVC”) sent out a notification confirming reports that applicants had been receiving letters or emails from the NVC on July 29, 2015 stating that their applications would be terminated or that their applications were in the process of being terminated under INA 203(g) for failure to con...

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Social Security Number Card

Effective September 9, 2015, there will be revisions in he Social Security Administration’s (SSA) regulations to allow applicants for a Social Security Number (SSN) card to apply for an SSN by completing the required application and submitting required evidence. Specifically, these revisions will allow applicants more flexible ways...

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Visa Bulletin September 2015: Major Retrogression for EB-2 China and India

The Visa Bulletin is a government publication issued by the U.S. Department of State (DOS), with the primary purpose of providing an updated list of available immigrant numbers for immigrants subject to the immigrant quota system. Cut off dates on the Visa Bulletin move forward with time, but sometimes we see these dates retrogress. ...

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