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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New 24-month OPT Extension for STEM Graduates Takes Effect

  International students who have studied STEM (Science, Technology, Engineering, and Mathematics) subjects for their bachelor’s, master’s, or doctoral degrees from U.S. universities and who are completing their 12-month Optional Practical Training (OPT) programs are now eligible for a 24-month STEM OPT extension. Effectiv...

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New U.S. Reporting System For Chinese Visitors—Electronic Visa Update System (EVUS)

The Department of Homeland Security, Customs and Border Patrol (CBP), announced a new reporting system for B-1/B-2 visitors from the People’s Republic of China (China). This new online reporting system is called the Electronic Visa Update System (“EVUS”). EVUS will take effect in November 2016. Those tr...

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Visa Revocations Policy

According to the new FAM provision (9 FAM 403.11-3) updated by the U.S. Department of State, consular officers shall prudentially revoke nonimmigrant visas for DUI arrests, as driving under the influence is indicative of a possible physical or mental disorder with harmful behavior (possibly ineligibility under INA 212(a)(1)(A)(iii). ...

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H-1B Fiscal Year 2018 Cap: What You Need to Know

The number of petitions that may be filed for this year’s H-1B 2018 Cap season is anticipated to surpass last year’s 236,000 applications. With the large pool of applicants, it is important to know how to keep yourself ahead of the game—or at least give yourself a fighting chance at the 85,000 H-1B quota. Today, we will discuss...

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USCIS ANNOUNCES MEASURES TO DETECT H-1B FRAUD AND ABUSE

Beginning on April 3, 2017, the United States Citizenship and Immigration Services (USCIS) will when visiting worksites of H-1B petitioners and H-1B employees. As a part of an ongoing initiative to deter and detect H-1B fraud and abuse, USCIS aims to protect American workers by focusing on worksite visits where H-1B fraud and abuse...

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MAY 2017 VISA BULLETIN ISSUED

The Department of State (DOS) has issued its May 2017 Visa Bulletin.  For the categories that are not current, there continues to be slow advancement for EB-2 and EB-3 categories.  Notably, EB-2 India has made no advancement since the April 2017 Visa Bulletin. EB-1-Worldwide:    Priority dates are current EB...

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H-1B CAP FOR FY2018 REACHED

On April 7, 2017, USCIS announced that the H-1B Cap for fiscal year 2018 had been reached. What this means is that USCIS received over 65,000 petitions for the congressionally mandated regular visa cap and over 20,000 petitions for the congressionally mandated advanced degree exemption cap. What...

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