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News, Alerts and Analysis

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What is I-485 Supplement J and How to Properly Prepare and Use it?

Earlier this year USCIS introduced a new Form I-485 Supplement J which is being used in connection with filings of new I-485 applications to adjust status or for porting of existing and pending I-485 applications to a new employer or a new job.   The purpose of I-485 Supplement J is to provide a confirmation [...]

By | 2017-06-22T12:36:58+00:00 June 22nd, 2017|AC21, Articles, I-485, News|

USCIS Starts Mailing H-1B Cap Non-Selection Notices

Two months after completing the random H-1B cap lottery, USCIS has started mailing back the H-1B cap applications which were not selected under the random H-1B cap lottery.     While the H-1B cap receipts for selected cases were sent out by May 3rd,  many employers and applicants who had not heard by now had to assume that their [...]

By | 2017-06-19T09:45:45+00:00 June 19th, 2017|Articles, H-1B, News, News Alert, PERM|

PERM Processing Times (May 31, 2017)

Our office handles many ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing. The Department of Labor (“DOL”) has provided [...]

By | 2017-06-15T12:46:47+00:00 June 15th, 2017|Articles, DOL, News, PERM|

July 2017 Visa Bulletin – Major EB-3 China Retrogression, EB-3 India Advances Notably

The U.S. State Department has just released the July 2017 Visa Bulletin which is the tenth Visa Bulletin for the FY2017 fiscal year.  The headline in the upcoming month’s Visa Bulletin is the significant 33-month retrogression in EB-3 China, the continued cutoff date for EB-1 India and EB-1 China and the notable [...]

By | 2017-06-09T21:21:38+00:00 June 9th, 2017|Articles, EB-2, EB-3, I-485, News, News Alert, Visa Bulletin|

Simeio RFEs: How to Handle “Simeio” RFE Due to Late H-1B Amendment Filing?

In our office, and in the broader H-1B community, we are seeing instances and reports of H-1B petition RFEs aimed at ensuring compliance with the Simeio-line of guidance issued by USCIS in 2015. Specifically, we are seeing RFEs on H-1B petitions (amendments, mostly, but also for extensions) where USCIS is questioning the timeliness or the [...]

By | 2017-06-08T09:44:51+00:00 June 8th, 2017|Articles, Compliance, H-1B, News|

USCIS Clarifies H-1B Master’s Cap Degree Must be Obtained While University is Accredited

The U.S. Citizenship and Immigration Service (USCIS) has issued a memorandum adopting the AAO decision in Matter of A-T-, Inc. and establishing policy guidance which will apply to and bind all USCIS adjudicators.    USCIS clarifies that in order to be able to qualify for an H-1B cap exemption based [...]

By | 2017-06-01T12:31:01+00:00 June 1st, 2017|AAO, Articles, F-1, H-1B, News, News Alert, Policy|

Check-in with DOS’s Charlie Oppenheim: Visa Bulletin Predictions as of May 19, 2017

Employment-Based Preference Categories. Increased demand across the employment based preferences, including EB-4 and EB-5, has significantly decreased the “otherwise unused numbers” which have traditionally trickled up to EB-1 and potentially down to EB-2.  For example, in FY 2016, Special Immigrant Juvenile cases used more than 50% of the entire EB-4 [...]

By | 2017-05-31T21:44:06+00:00 May 25th, 2017|DOS, Visa Bulletin|

USCIS Issues a Multitude of RFEs on Pending I-485 Applications – Mid-2017 Edition

Many of our clients and readers are already aware of the move by U.S. Citizenship and Immigration Service (“USCIS”) to issue what are hundreds, or perhaps even thousands, of very similar, if not identical, requests for evidence (“RFE”) on pending employment-based Form I-485, Application to Adjust Status, cases.    Our [...]

By | 2017-05-20T21:46:57+00:00 May 18th, 2017|Articles, I-485, News, News Alert|

June 2017 Visa Bulletin – EB-1 China and EB-1 India Cutoff Date Introduced

The U.S. State Department has just released the June 2017 Visa Bulletin which is the ninth Visa Bulletin for the FY2017 fiscal year.  The headline in the upcoming month’s Visa Bulletin is introduction of a cutoff date for EB-1 India and EB-1 China.   Because this cutoff date may remain in effect [...]

By | 2017-05-20T21:46:57+00:00 May 9th, 2017|Articles, EB-1, EB-2, EB-3, I-485, News, News Alert, Visa Bulletin|

USCIS Starts Issuing Redesigned Green Cards and EADs

Starting May 1, 2017, U.S. Citizenship and Immigration Services (“USCIS”) will start producing and issuing redesigned Permanent Resident Cards (also known as Green Cards) and the Employment Authorization Document (EADs). […]

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By | 2017-05-20T21:46:57+00:00 May 8th, 2017|Articles, Employers, News|