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Reminder: OPT Cap-Gap Employment with Pending H-1B Valid Only Until September 30th

This year’s busy H-1B cap season included many H-1B employee candidates who hold F-1 status and who are employed in the U.S. pursuant to F-1 optional practical training (OPT) status.    Out of these F-1 visa holders, many rely on the OPT cap-gap rule to continue working in the U.S. after [...]

By | 2017-08-17T12:07:47+00:00 August 16th, 2017|Articles, F-1, News, News Alert, Students|

September 2017 Visa Bulletin – Cutoff Date for EB-2 ROW Remains; Last Visa Bulletin for The Fiscal Year

The U.S. State Department has just released the September 2017 Visa Bulletin which is the last Visa Bulletin for the FY2017 fiscal year.  The headline in the upcoming month’s Visa Bulletin is the continued cutoff date for the EB-2 ROW, Mexico and Philippines categories, together with the notable forward movement in [...]

By | 2017-08-09T10:47:01+00:00 August 9th, 2017|Articles, EB-2, EB-3, News, News Alert, Visa Bulletin|

Premium Processing for H-1B Cases Starting to Come Back, Gradually

USCIS appears to be in the process of reinstating premium processing service for H-1B petitions.  On July 24, 2017, USCIS announced that they are reinstating premium processing for H-1B petitions filed by cap-exempt employers. Background of the H-1B Premium Processing Service Suspension Effective April 3, 2017, USCIS suspended the premium processing service for all H-1B [...]

By | 2017-07-27T12:49:19+00:00 July 27th, 2017|Articles, Employers, H-1B, News, News Alert|

USCIS Delays Effective Date of International Entrepreneur Rule Seeking Time to Kill the Rule

In a Federal Register announcement dated July 11, 2017, U.S. Citizenship and Immigration Service (USCIS) has delayed the effective date of the International Entrepreneur rule from July 17, 2017 to March 14, 2018.      Additionally, the notice indicates that this delay will allow USCIS to publish rulemaking seeking to rescind the International Entrepreneur rule altogether, [...]

By | 2017-07-13T09:55:37+00:00 July 13th, 2017|Entrepreneurs, News, News Alert|

August 2017 Visa Bulletin – EB-2 ROW Cutoff Date Introduced

The U.S. State Department has just released the August 2017 Visa Bulletin which is the eleventh Visa Bulletin for the FY2017 fiscal year.  The headline in the upcoming month’s Visa Bulletin is the introduction of a cutoff date for the EB-2 ROW, Mexico and Philippines categories, together with the notable [...]

By | 2017-07-11T21:17:47+00:00 July 11th, 2017|AOS, Articles, EB-2, EB-3, I-485, News, News Alert, Visa Bulletin|

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|

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|

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|

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|