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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 of Entry” and which creates a presumption of misrepresentation by a foreign national for certain conduct within 90 days of entering the U.S. This amendment replaces the prior 30/60 day rule.
What is “Inconsistent Conduct Within 90 Days of Entry”?
The new section allows an immigration […]
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 petitions and for a period of “up to six months.” This suspension was very broad: petitioners were not able to file Form I-907, Request for Premium Processing Service, for Form I-129, Petition for a Nonimmigrant Worker, for any H-1B petition – including amendments, extensions, “transfers”, […]
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 EB-2 India and China advance very slowly. EB-3 China advance significantly to have a more favorable cutoff date than EB-2 China which creates favorable conditions for EB-2 to EB-3 China downgrades.
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 or at least heard about the Wage Level I requests for evidence (RFE) which have been and continue to be issued by USCIS. Our office has received numerous such RFEs and we have been working with clients and with the broader immigration attorney community to formulate a strong strategy for responding to this kind of an RFE.
Background of the Wage Level I RFE
The first time Wage Level I RFEs […]