#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...

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#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
Law Office of Thomas V. Allen successfully challenged an H-1B denial.

Law Office of Thomas V. Allen has filed a lawsuit challenging the H-1B denial for Specialty Occupation and Employer-Employee relationship for our c...

#Uncategorized - May 29, 2020
USCIS to resume premium processing in phases, beginning June 1, 2020.

U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker...

#Uncategorized - May 22, 2020
Major Breakthrough Win for H-1B Workers and Employers!!!

On 21 May 2020, the U.S. Citizenship and Immigration Services (USCIS) and IT Serve Alliance reached a settlement agreement, by which the H1B proced...

#Uncategorized - Dec 5, 2019
Automatic Revalidation of Visa: Re-entering the United States with a Valid I-94 Form and Expired Visa.

The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of t...