Blog - Law Office of Thomas V. Allen

#Nonimmigrant - Oct 16, 2025

Important Update: Government Shutdown – USCIS Guidance on H-1B Filings

The ongoing federal government shutdown has temporarily disrupted several Department of Labor (DOL) services, including the Labor Condition Applica...

#O Visa - Oct 16, 2025

Navigating the O-1 Visa: The U.S. Immigration Path for Individuals of Extraordinary Ability

For professionals, innovators, artists, and entrepreneurs who have reached the top of their fields, the United States offers one of the most distin...

#O Visa - Oct 13, 2025

The EB-1C Visa: A Direct Route to a Green Card for Multinational Executives and Managers

The EB-1C immigrant visa provides a pathway to permanent residency in the United States for executives and managers of multinational companies. Thi...

#Nonimmigrant - Oct 9, 2025

EB-2 NIW: A Strategic Path to U.S. Residency in 2025

The Employment-Based Second Preference (EB-2) visa with a National Interest Waiver (NIW) offers a streamlined route to secure a U.S. visa for profe...

#O Visa - Oct 6, 2025

Your Guide to the L-1A Visa: Streamlining Executive and Managerial Transfers in 2025

The L-1A visa is a vital tool for multinational corporations seeking to transfer executives and managers to the United States efficiently. Unlike t...

#O Visa - Oct 3, 2025

EB-5 Investor Visa Updates 2025: Investment Minimums and Regional Center Risks

The EB-5 Immigrant Investor Program offers a U.S. visa path to permanent residency. It requires funding projects that create U.S. jobs. The program...

#O Visa - Sep 29, 2025

The E-2 Investor Visa: A Gateway to U.S. Entrepreneurship

The United States remains a premier destination for entrepreneurs and investors eager to build and scale innovative businesses. The E-2 Treaty Inve...

#Petitions - Aug 14, 2025

Expert Letters in EB-1A and NIW Petitions: Your Key to a Winning Case

Securing a US visa through an EB-1A (Extraordinary Ability) or EB-2 NIW (National Interest Waiver) green card petition is a high-stakes process, an...

#Nonimmigrant - Aug 13, 2025

USCIS Denials Over Signature Irregularities: A Critical Compliance Alert for H-1B Filings

USCIS Denials Over Signature Irregularities: A Critical Compliance Alert for H-1B Filings U.S. Citizenship and Immigration Services (USCIS) has int...

#Uncategorized - Dec 17, 2024

H-1B Modernization Final Rule: Key Changes and Detailed Insights

H-1B Modernization Final Rule: Key Changes and Detailed Insights The U.S. Department of Homeland Security (DHS) has finalized significant updates t...

#Nonimmigrant - May 15, 2024

Navigating Visa Pathways for Performers and Entertainers

O visas are appropriate for artists or entertainers who have extraordinary abilities in their field. P visas, on the other hand, are a good fit for...

#Uncategorized - Mar 25, 2024

Unlocking American Dream: How the E-2 Visa Offers a Flexible Pathway for Global Entrepreneurs and Their Families

The E-2 visa provides one of the most flexible employment-based opportunities for international entrepreneurs, setting itself apart from other empl...

#Uncategorized - Nov 1, 2023

Addressing the Rise of Fake Greencards and EADs in IT Hiring

Addressing the Rise of Fake Greencards and EADs in IT Hiring In recent times, there has been a disconcerting surge in the submission of counterfeit...

#Nonimmigrant - Oct 25, 2023

Proposed H-1B Rules May Bring Positive Changes to the Upcoming H-1B Lottery for FY2025

“GAP-Cap” Extension Through April 1 of the Relevant Fiscal Year Many students graduating in the Spring are faced with a situation where their OPT w...

#Uncategorized - Oct 20, 2023

Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvement Affecting Other Nonimmigrant Workers

The Department of Homeland Security is proposing a new rule called “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, ...

#Nonimmigrant - Oct 19, 2023

Domestic Visa Pilot Program Confirmed for 2024 – What You Need to Know!

We’re excited to share that the American Immigration Lawyers Association (AILA) has confirmed the details of a new pilot program for H-1B visa hold...

#Uncategorized - Oct 13, 2023

Navigating the Stage: Choosing the Right Visa for Artists and Entertainers in the United States

It’s essential for artists and entertainers to choose the right visa category that aligns with their professional activities in the United St...

#Uncategorized - Oct 12, 2023

Breaking Boundaries: Navigating 60-day Grace Period to Secure H-1B Transfer Approval

In a recent case, we have successfully navigated the complexities of 60-day grace period regulation to secure approval for an H-1B transfer petitio...

#Immigrant Petitions - Oct 11, 2023

Important Update for Visa Appointments

Department of State has launched a new system for scheduling visa appointments. The new URL for scheduling visa appointments is https://www.usvisas...

#Immigrant Petitions - Oct 5, 2023

Diversity Immigrant Visa Lottery Program: Registration Open from October 04 – Deadline is November 07, 2023

The Diversity Immigrant Visa Lottery Program, also known as the “green card lottery”, registration is now open until November 7, 2023. This annual ...

#Nonimmigrant - Oct 5, 2023

Form I-765 Processing Delays: Tips for F-1 Students Seeking OPT

As a F-1 student seeking OPT, filing Form I-765 comes with its own set of challenges. However, with the recently updated tip sheet from the Office ...

#Student - Oct 4, 2023

STEM OPT Students: No More Wet Signatures!

Immigration Customs Enforcement (ICE) and the Student and Exchange Visitor Program (SEVP) have just made it easier for STEM OPT students by updatin...

#Nonimmigrant - Sep 29, 2023

Concurrent Employment and the TN Visa

The TN visa is a non-immigrant visa category that allows certain Canadian and Mexican citizens to work in the United States temporarily. It is base...

#Nonimmigrant - Sep 26, 2023

Department of Homeland Security (DHS) to Make Key Changes to H-1B and F-1 Visa Regulations

DHS is taking action to improve the regulations surrounding H-1B specialty occupation workers and F-1 students. With the proposed rule curre...

#Immigrant Petitions - May 24, 2023

CRIMINAL PROSECUTION FOR MULTIPLE H-1B REGISTRATIONS: WHY USCIS WOULD FAIL MISERABLY?

There is no doubt that the new registration process implemented by USCIS failed miserably due to significant flaws which opened doors for abuse and...

#Immigrant Petitions - Mar 29, 2023

USCIS Policy Change: Filing Periods and Response Timeframes ending on weekends or federal holidays.

The USCIS is revising its guidance in the USCIS Policy Manual to deal with scenarios in which the final day for submitting a benefit request or res...

#Uncategorized - Mar 19, 2023

USCIS announces new mail delivery process for receiving an I-551 stamp for lawful permanent residents.

Previously the Lawful permanent residents (LPR) had to call USCIS Contact Center and book an infopass appointment and visit the local field office ...

#Nonimmigrant - Dec 1, 2022

What is H-1B Portability?

In simple words, H-1B portability means a person who is on H-1B status may change his or her employer if the new employer files an H-1B petition on...

#Nonimmigrant - Nov 1, 2022

USCIS cracking down on multiple H-1B CAP registrations submitted for the Fiscal Year 2023

USCIS has recently been issuing Notice of Intent to Deny (NOID) on H-1B petitions where multiple registrations were submitted through multiple comp...

#Uncategorized - Oct 2, 2022

Material Misrepresentation / Fraud | Visarefusal Under 212(a)(6)(C)(i) And Remedies For Applicants

Section 212(a)(6)(A)(i) of the Immigration and Nationality Act (INA) provides that “any alien or foreign national who by fraud or willfully m...

#Uncategorized - Sep 12, 2022

Litigation: Bringing Mandamus Lawsuits Against the US Consulates for visa issuance delays due to 221 (g) and Administrative Processing.

When your visa applications are not being processed by the consulates overseas in a timely manner, and when the applications are temporarily...

#Immigrantion - Sep 6, 2022

USCIS October 2022 Bulletin: E-2, E3, and E-5 Priority Date Retrogression Affecting India and China Applicants

The US visa priority date is the date that U.S. Citizenship and Immigration Services (USCIS)/DOL (Department of Labor) receives your petition to i...

#Uncategorized - Jul 14, 2022

I-485 Interfiling will affect the CSPA age calculation of the child whose age is already locked

When an applicant with a pending adjustment of status application wishes to adjust on a different approved petition than the one that currently for...

#Uncategorized - Jul 5, 2022

STEM OPT Students May Train with Multiple Employers

It is a frequently asked question whether a student can work (trained) with multiple employers. Students participating in a 24-month science, tec...

#Uncategorized - Feb 25, 2022

USCIS has made changes to the attestation requirements to combat multiple H-1B registration issues.

USCIS on February 23, 2022, has added an additional attestation under penalty of perjury, that company certifies that the registration(s) reflects ...

#USCIS Updates - Jan 24, 2022

USCIS streamlines I-485 interfiling process & announces the availability of several EB-1 & EB-2 vis numbers for FY 2022

USCIS recommends filing I-485 under EB-2 or EB-1 category, instead of EB-3, and recommends the interfiling of the EB-3 I-485 to that of EB-2, in or...

#Uncategorized - Jan 4, 2022

USCIS will not mail Biometric Appointment Notices for electronically filed I-539

U.S. Citizenship and Immigration Services (USCIS) will no longer mail paper biometric services appointment notices for electronically filed Forms I...

#Uncategorized - Jan 4, 2022

Consular sections across India are now accepting interview waiver applications

The Department of State has authorized consular officers to waive the in-person interview requirement for certain categories of visa applicants thr...

#Uncategorized - Dec 25, 2021

Department of State Announces Waivers of the Interview Requirement for Certain Nonimmigrant Visas

The Secretary of State has authorized consular officers through the end of 2022 to waive the in-person interview requirement for certain temporary ...

#Uncategorized - Mar 12, 2021

Lawsuit filed challenging arbitrary rejections of H-1B petitions for not having October 1st as the start date.

A lawsuit has been filed on behalf of seven U.S. employers whose H-1B petitions have been unlawfully rejected, challenges U.S. Citizenship and Immi...

#Uncategorized - Mar 12, 2021

USCIS will re-open and approve the H-1B petitions denied based on Employee-Employer relationship, Itinerary/Control & Computer Programmer memos, if MTR is filed.

USCIS today announced it may reopen and/or reconsider denials on Form I-129, Petition for a Nonimmigrant Worker, made based on the below three resc...

#Uncategorized - Mar 11, 2021

Expansion of Interview Waiver Eligibility until December 31, 2021

The Department of State has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals appl...

#Uncategorized - Feb 6, 2021

FY2022 H-1B Cap Initial Registration Period Opens on March 9, 2021

USCIS has announced that the registration period for the FY2022 H-1B Electronic Registration will be open from March 9, 2021, to March 25, 2021. T...

#Uncategorized - Jan 21, 2021

USCIS Final Rule Strengthening H-1B Nonimmigrant Visa Classification Program Will Be Withdrawn by New Administration

On 01/21/2021, White House Chief of Staff Ron Klain issued a memorandum that directs, in part, that 1) all rules pending at the Federal Register th...

#Uncategorized - Jan 19, 2021

DHS issues Final Rule requiring both the Primary employer and the Secondary employer (end -client) to file an H-1B petition

The DHS has sent a Final Rule to the Federal Register for publication, which will amend its regulation to clarify how USCIS will determine whether ...

#Uncategorized - Jan 16, 2021

DOL requiring the Secondary Employers (Third Party Clients) to file the Labor Condition Application (LCA)

DOL is revising its interpretation of its regulations as to which employers must file a Labor Certification Application (LCA). DOL is now classifyi...

#Uncategorized - Dec 31, 2020

USCIS issuing RFE’s on I-765 EAD Applications questioning why USCIS should exercise discretion in approving the application

Many legal practitioners have reported that they are receiving Request for Evidence (RFE’s) for the I-765, Application for Employment Authori...

#Uncategorized - Dec 31, 2020

Expansion of Interview Waiver Eligibility

Mike Pompeo, the Secretary of State, has temporarily expanded the ability of consular officers to waive the in-person interview requirement for ind...

#Uncategorized - Dec 18, 2020

USCIS Extends Flexibility for Responding to RFE’s, NOID, NOIR, and Filing Motion to Reopen

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March ...

#Uncategorized - Dec 1, 2020

Federal Court set aside the DOL wage hike rule and the DHS rule revising the specialty occupation and the employer-employee definitions

The U.S District Court, Northern District of California, in the matter of Chamber of Commerce v. DHS, has set aside the interim rule by the Departm...

#Uncategorized - Nov 25, 2020

USCIS announces major changes to the Naturalization Test

USCIS recently announced significant changes to the civics test mandatory for most applicants seeking to obtain U.S. Citizenship. The new test wil...

#USCIS Updates - Sep 25, 2020

Significant change in the cutoff dates for Employment based categories for October 2020 visa bulletin

The U.S. Department of State has released the October 2020 Visa Bulletin after delaying it for more than a week, which is the first visa bulletin o...

#Executive Order - Sep 6, 2020

USCIS Extends Flexibility for Responding to RFE’s, NOID’s, NOIR’s and other Agency Requests until January 1, 2021

This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. ...

#Student - Sep 4, 2020

SEVP to issue notices to students who have not reported employer information

The Student and Exchange Visitor Program (SEVP) is conducting a review of SEVIS records for OPT participants and is mailing notices directly to stu...

#Executive Order - Sep 4, 2020

U.S Consulates in India are now accepting dropbox application for H, L and J nonimmigrant visa categories

The US Consulates across India are now accepting drop box applications for renewals of all nonimmigrant visa categories at Visa Application Centers...

#Nonimmigrant - Aug 25, 2020

DOS waives in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification.

On August 25, 2020 Secretary Pompeo, in consultation with the Department of Homeland Security, has temporarily expanded the ability of consular off...

#Nonimmigrant - Aug 25, 2020

USCIS Averts Furlough of its Workforce until the end of FY 2020

U.S. Citizenship and Immigration Services today announced that the agency will avert an administrative furlough of more than 13,000 employees, sche...

#Executive Order - Aug 24, 2020

Applying for an Expedited Appointment at the US Consulates in India

The U.S Consulates in India has announced that consular sections at the U.S. Embassy in New Delhi and the Consulates in Mumbai, Chennai, Hyderabad,...

#Nonimmigrant - Aug 24, 2020

USCIS Implements new policy changes on DACA

U.S. Citizenship and Immigration Services today provided guidance on how it will implement Acting Secretary of Homeland Security Chad Wolf’s July 2...

#Nonimmigrant - Aug 21, 2020

USCIS wrongly rejecting H-1B petitions for insufficient funds

We have learned that the USCIS is wrongly rejected several H-1B petitions claiming insufficient funds in the bank account to honor the check issued...

#Nonimmigrant - Aug 20, 2020

USCIS has recognized EAD approval notice [I-797 Notice of Action] as an acceptable document confirming the employment authorization

On August 8, 2020, USCIS announced that Form I-797 Notice of Action showing approval of the I-765 application will be an acceptable document confir...

#Nonimmigrant - Aug 18, 2020

National Interest Exceptions to Presidential Proclamations for H-1B non-immigrants

The Proclamation does not apply to applicants who were in the United States on the effective date of the Proclamation (June 24), or who had a valid...

#Nonimmigrant - Aug 6, 2020

USCIS is re-interpreting the Public Law 113-114 to charge employers $4000/$4500 for every H-1B/L-1 extension filed effective October 2, 2020

As per the current interpretation of the Public Law 113-114, H-1B and L-1 employers who employ 50 or more employees in the United States with a wor...

#Immigrantion - Jul 31, 2020

USCIS Filing fee to increase from October 3, 2020.

Today, the Department of Homeland Security announced a final rule that adjusts fees for certain immigration and naturalization benefit requests to ...

#Immigrantion - Jul 29, 2020

U.S District Court of NY Issues Nationwide Injunction on Both DOS and DHS Public Charge Regulations Due to COVID-19 pandemic

The U.S. District Court of New York (Southern District) on July 29, 2020 issued an order temporarily blocking the public charge rule during the COV...

#Executive Order - Jul 15, 2020

Major Lawsuit filed challenging Presidential Proclamation issued by Donald Trump suspending the entry of foreign nationals on H-1B, L, H-2B and J temporary visas until at least December 31, 2020.

A major lawsuit has been filed challenging Presidential Proclamation issued by Donald Trump suspending the entry of foreign nationals on H-1B, L, H...

#Student - Jul 14, 2020

Trump Administration rescinds the policy on F-1 students barring online classes

The Trump Administration on Tuesday 07/14/2020, rescinded its directive issued last week that would bar the international students on F-1 status fr...

#Uncategorized - Jul 13, 2020

Effective July 15th the Consulates May Begin Phased Resumption of Visa Services based on local conditions

The U.S. Department of State on 07/11/2020 has announced that beginning July 15, US Embassies and Consulates may begin the phased resumption of rou...

#Student - Jul 8, 2020

Harvard, MIT seek temporary halt to Trump administration rule on international students

University and Massachusetts Institute of Technology have filed a lawsuit seeking the federal court to temporarily block a Trump administrat...

#Student - Jul 7, 2020

SEVP Modifies Temporary Exemptions for Nonimmigrant Students Taking Online Courses

SEVP Modifies Temporary Exemptions for Nonimmigrant Students Taking Online Courses The ICE and SEVP announced that it would no longer provide exemp...

#Uncategorized - Jun 24, 2020

Texas Service Center Moving to New Address on June 26, 2020

On June 26, the Texas Service Center will move to a new address. Although the move is scheduled for June 26, USCIS cannot accept mail at the new ad...

#Executive Order - Jun 22, 2020

Flash News!!! Executive Order signed suspending the entry of H-1B, H-2B, J & L non-immigrants and their dependants.

The Amended Executive Order signed by President Trump suspends and limits the entry of certain non-immigrants until December 31, 2020. The Executi...

#Nonimmigrant - Jun 18, 2020

USCIS Rescinds 2010 Neufeld Memo and 2018 itinerary and contract memo

USCIS has now officially rescinded the 2010 Determining Employer-Employee Relationship memo and the 2018 Contract and Itinerary Memorandum. ...

#Uncategorized - Jun 12, 2020

Visa revocation emails from U.S. Consulates to certain F-1 OPT Students

Since June 1, 2020, several students have received notification emails from the U.S. Consulates mentioning that their F-1 visas have been revoked. ...

#Uncategorized - Jun 10, 2020

Cap-Gap: Automatic extension of work eligibility

Current regulations allow certain students with a pending or approved cap-subject H-1B petition to remain in F-1 status during the cap-gap period. ...

#Uncategorized - Jun 10, 2020

Tracking the rumor: Possible extension of Presidential Proclamation banning Suspending Entry of H-1B, H-2B, L-1, J-1 and other non-immigrants

AILA [American Immigration Lawyers Association] has informed its members that there have been credible rumors regarding possible Extension and Expa...

#Uncategorized - Jun 4, 2020

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