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Wage Level I RFEs: How Helpful are Third-Party Professor Opinions?

USCIS has been very active and relentless in raising the Wage Level I issue in many thousands (if not tens of thousands) of requests for evidence (“RFE”) since June 2017.     It has become evident that a successful Wage Level I RFE response must balance very carefully the complexity (or the “specialty [...]

By | 2017-11-13T21:57:09+00:00 November 13th, 2017|Articles, Employers, H-1B, News, News Alert|

December 2017 Visa Bulletin – Extremely Slow Forward Movement; EB-3 China Favors Downgrading

The U.S. State Department has just released the December 2017 Visa Bulletin which is the third Visa Bulletin for the FY2018 fiscal year. The headline in the upcoming month’s Visa Bulletin is the extremely slow forward movement in EB-2 India/China and no movement in EB-3 India.  EB-3 China continues to have a more [...]

By | 2017-11-16T13:50:48+00:00 November 13th, 2017|Articles, I-485, News, News Alert, Visa Bulletin|

Should I-693 Medical Exams be Submitted with the Initial Employment-based I-485 Adjustment of Status Filing?

Our recent U.S. Citizenship and Immigration Service ("USCIS") processing times reports indicate that employment-based I-485 adjustment of status ("AOS") applications are taking over a year to adjudicate.   The new requirement for in-person interview for certain I-485 cases will likely add to the processing time of a case.    At the same time, the required I-693 [...]

By | 2017-11-09T10:30:10+00:00 November 9th, 2017|Articles, I-485, News, News Alert|

USCIS Changes Deference Policy for I-129 Extensions: Raises the Bar for Approvals

In an October 23, 2017 Memorandum, U.S. Citizenship and Immigration Service ("USCIS") has issued a Policy Memorandum which eliminates the current practice of giving deference to prior approvals when adjudicating Form I-129 petition renewals where the petitioner, the beneficiary and the material facts of the petition remain unchanged.     This affects all I-129 petitions extensions, [...]

By | 2017-10-24T10:19:36+00:00 October 24th, 2017|Articles, Employers, H-1B, News, News Alert, Policy|

DV-2019 Diversity Visa (Green Card) Lottery Opens October 18, 2017 – REVISED DATES

The Department of State has revised the DV-2019 Diversity Visa (a.k.a. “green card”) lottery dates. The new dates for submission for this year’s lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 18, 2017, and noon, Eastern Standard Time (EST) (GMT-5), on Wednesday, November 22,  2017.  Previously, the DV-2019 lottery [...]

By | 2017-10-26T11:58:05+00:00 October 4th, 2017|Articles, DOS, News, News Alert|

Premium Processing Reinstated for All H-1B Cases as of October 3

USCIS has just officially confirmed as of today, October 3, 2017, they have reinstated the premium processing service for all types of H-1B petitions.    Petitions filed under the premium processing service are given a response by USCIS within 15 calendar days.  Similarly, pending "regular processing" H-1B petitions can be "upgraded" to premium processing service. [...]

By | 2017-10-03T12:34:49+00:00 September 28th, 2017|Articles, Employers, H-1B, News, News Alert|

Nonimmigrant Status 30/60 Day Rule Amended to Impose Stricter Requirements for “Inconsistent Conduct”

The U.S. Department of State ("DOS") has amended a section of the Field Adjudicators Manual ("FAM") which pertains to government officials' determinations of misrepresentation by applicants and specifically with respect to activities permitted in the U.S. on nonimmigrant visas. 9 FAM 302.9-4(B)(3) has been amended to include a section called "Inconsistent Conduct Within 90 Days [...]

By | 2017-09-21T10:54:40+00:00 September 21st, 2017|Articles, ESTA, F-1, News, News Alert, Travel|

Premium Processing for Pending H-1B Cap Cases Reinstated

USCIS continues to add types of H-1B petitions for which the premium processing service is being reinstated.  On September 18, 2017, USCIS announced that they are reinstating premium processing for pending H-1B cap petitions. Background of the H-1B Premium Processing Service Suspension Effective April 3, 2017, USCIS suspended the premium processing service for all H-1B [...]

By | 2017-09-19T13:34:07+00:00 September 18th, 2017|Articles, Employers, H-1B, News, News Alert|

October 2017 Visa Bulletin – EB-1 and EB-2 ROW Current Again; First Bulletin for New Fiscal Year

The U.S. State Department has just released the October 2017 Visa Bulletin which is the first Visa Bulletin for the FY2018 fiscal year. The headline in the upcoming month’s Visa Bulletin is fact that this is the first bulletin for the new fiscal year.   EB-1 and EB-2 ROW are current again while [...]

By | 2017-09-12T09:31:57+00:00 September 12th, 2017|AC21, Articles, EB-2, EB-3, I-485, News, News Alert, Visa Bulletin|

How to Handle Wage Level I H-1B RFEs?

Update 11/14/17:  added additional points and arguments commonly included in RFE responses.   Added our firm's track record of success in Wage Level I RFE responses. Our readers and clients who have been involved in the H-1B program over the last few months (and especially those participating in the H-1B cap filing season) must have experienced [...]

By | 2017-11-14T22:15:17+00:00 September 11th, 2017|Articles, Employers, H-1B, News, News Alert|