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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|

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|

USCIS Completes Data Entry and Receipting of H-1B Cap Petitions for FY2018

Many of our readers are aware that as of April 7, 2017, USCIS had received a sufficient number of H-1B cap-subject petitions to fill the annual H-1B quota. As USCIS has been issuing receipt notices for the H-1B cap cases which are being selected for processing, we wanted to provide [...]

By | 2017-05-20T21:46:57+00:00 May 3rd, 2017|Articles, Employers, H-1B, News, News Alert|

H-1B Alternatives: What Are The Available Visa Options?

Many of our readers are aware that as of April 7, USCIS had received a sufficient number of H-1B cap-subject petitions to fill the annual H-1B quota.  This year’s number of filings is at an all-time high, meaning that about 1 in 3 H-1B cap applications will be selected for [...]

By | 2017-06-19T09:07:30+00:00 May 2nd, 2017|Articles, Employees, Employers, H-1B, News|