USCIS Issues Revised Final Policy Memorandum for Unlawful Presence
On August 9, 2018, the United States and Immigration Services (USCIS) published a related to unlawful presence. Effective August 9, 2018, nonimmigrants with F (student) and M (vocational student) visas who fall out of status and file in a timely manner for reinstatement of that status will have their accrual of unlawful presence sus...
USCIS Extends and Expands Suspension of H-1B Premium Processing
In March 2018, the United States and Immigration Services (USCIS) announced a of premium processing for H-1B petitions that are subject to the H-1B CAP. On August 28, 2018, USCIS announced an to include certain additional H-1B petitions beginning on September 11, 2018. USCIS claims that the suspension and expansion will help the Se...
USCIS Issues Request For Evidence Challenging a Permanent Labor Certification
Our offices received a copy of a recent Request for Evidence (RFE) for a I-140 Immigrant Petition for Alien Workers that appears to signal a change in adjudication practices for the United States Citizenship and Immigration Services (USCIS).
When a foreign national’s employer seeks to file an employment-based I-140 Immigrant Pe...
Updated Guidance on Notices to Appear
On September 27, 2018, the United States Citizenship and Immigration Services (USCIS) hosted a teleconference to discuss the .
What is a Notice to Appear? Form I-862, Notice to Appear (NTA), is a document issued to foreign nationals who are deemed “removable” from the United States. Recipients of NTAs must app...
Highlights from Teleconference on USCIS Policy Update on RFEs and NOIDs
On September 6, 2018, the Office of the CIS Ombudsman hosted a teleconference on the United States Citizenship and Immigration Services (USCIS) policy updates of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) that was issued on .
Our office with information about this new guidance. Below, please find further i...
USCIS: “Cap-Gap” Work Authorization is Only Valid Through September 30
foreign nationals who currently have F-1 status with a pending H-1B petition on October 1, 2018 are at risk of accruing unlawful presence if they continue to work on or after October 1 because their “cap-gap” work authorization is only valid through September 30.
What is the Under current USCIS regulations, a...
E-Verify Unavailable Due to Government Shutdown
Due to the government shutdown, E-Verify and E-Verify services are currently unavailable. is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both U.S. or foreign citizens, to work in the U.S.
At this time, employers will not be able to access th...
Proposed H-1B Cap Registration Fee Currently Under Federal Review
The Department of Homeland Security (DHS) has submitted a proposal to impose a fee on employers who register for the H-1B cap starting next year.
Under current rules, an employer that submits an H-1B cap petition is subject to the following fees:
Form I-129 filing fee: $460
H-1B Training and Education Fee:...
Year-End Agenda Plans Sweeping Policies Before the End of 2019
The Department of Homeland Security (DHS) and Department of State (DOS) announced their Fall 2019 regulatory agendas. These agendas disclose each agency's immigration policy priorities for the upcoming months. If finalized, these rules could have significant impact on many immigration programs and processes.
The following are the ...
USCIS Announces Implementation of H-1B Cap Registration for FY 2021
The United States Citizenship and Immigration Services (USCIS) made an that the H-1B cap electronic registration process would be implemented for the fiscal year (FY) 2021 H-1B cap season. Employers seeking to file H-1B cap-subject petitions will be required to first electronically register and pay a $10 H-1B registration fee before...