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  • USCIS Issues Guidance On Requirements For Third-Party Worksite H-1B Petitions

    USCIS has published a Policy Memorandum relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites.

    Under the guidance which is effective February 22, 2018, USCIS has clarified that

    • employers must provide contracts and itineraries for employees who will work at a third-party location, and
    • USCIS may request detailed documentation to ensure a valid employer-employee relationship is maintained while an employee is working at a third-party worksite.

    For an H-1B petition involving a third-party worksite to be approved, the petitioner must demonstrate that

    • the beneficiary will be employed in a specialty occupation;
    • specific, non-speculative qualifying assignments in a specialty occupation will be available for the beneficiary for the entire time requested on the H-1B petition; and
    • the employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period.

    If you have any questions about how to demonstrate valid employer-employee relationship for the requested H-1B validity period, or need assistance filing an H1B cap 2018 filing, please call us at 202-787-1944. Our experienced immigration lawyers will be happy to assist you.

    The post USCIS Issues Guidance On Requirements For Third-Party Worksite H-1B Petitions appeared first on VisaPro.

  • New Procedures For Screening of Refugee’s Family Members Abroad

    USCIS and the Department of State have implemented new security procedures for spouse and children of principal refugees who live abroad and who wish to join the principal refugee in the United States.

    

    The post New Procedures For Screening of Refugee’s Family Members Abroad appeared first on VisaPro.

  • H2A Update: USCIS To Email H2A Approval Notice To Petitioners

    Starting January 22, 2018, USCIS will email H-2A Approval Notice and Receipt Notice to H-2A petitioners.

    The H-2A Approval and Receipt notices will be emailed to the email address provided in Part 1 of Form I-129, and to any email address provided for the attorney or accredited representative on a valid Form G-28. In addition to the email notices, USCIS will continue to send Receipt and Approval notice by postal mail.

    USCIS will also use pre-paid mailers provided by H-2A petitioners to send Requests for Evidence (RFE), if one issued in the case.

    H-2A petitioners will now be able to submit two pre-paid mailers if they want to expedite delivery of both the final decision notice and any RFE issued. If only one pre-paid mailer is provided by the petitioner, USCIS will use it to send the RFE, if any. USCIS will send the final decision notice in a pre-paid mailer only if the petitioner provided a second pre-paid mailer, or the petitioner provided one pre-paid mailer, and no RFE was issued. USCIS will no longer send Receipt Notices to H-2A petitioners via pre-paid mailer.

    The post H2A Update: USCIS To Email H2A Approval Notice To Petitioners appeared first on VisaPro.

  • U.S. Government Shutdown 2018: How Does It Affect Immigration Services?

    An official partial shutdown of the U.S. government commenced on January 20, 2018. The shutdown became official as the U.S. Senate refused to pass a stopgap spending measure to keep the government operating. As the shutdown takes effect, all “non-essential” federal programs and services are suspended.

    The shutdown’s effect on immigration services will be limited initially but may deepen if the shutdown continues. Here is how the shutdown will affect various immigration-related services:

    • USCIS: The shutdown should not affect USCIS, for the most part, as the agency is largely funded by user fees. As such, there should be minimal effects on petition filing or adjudications. E-Verify, EB-5 Immigrant Investor Regional Center Program, Conrad 30 J-1 Doctors program, and the Non-Minister Religious Worker classification under EB-4 Green Card category, will be affected by the shutdown.
    • Department of State: The DOS announced that scheduled passport and visa services will continue as the situation permits. They will not predict, however, how long this can continue.

    We at VisaPro are closely monitoring the developments and will keep our readers informed as more information becomes available in this matter.

    The post U.S. Government Shutdown 2018: How Does It Affect Immigration Services? appeared first on VisaPro.

  • USCIS February 2018 Visa Bulletin Update

    USCIS has announced the Adjustment of Status Filing Charts for February 2018, providing information on which Green Card applicants can file their Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS in February 2018.

    According to the February 2018 Adjustment of Status Filing Charts, applicants under employment-based visa preference categories must use the Final Action Dates chart of February 2018 DOS Visa Bulletin for filing their Adjustment of Status application in February 2018.

    Green Card applicants in employment-based visa preference categories whose priority date is either current, or earlier than the date on the Final Action Dates chart, may file their Adjustment of Status application in February 2018.

    Check out the latest visa bulletin for a complete listing of the current cut-off dates and availability of immigrant visa numbers.

    Schedule a FREE Case Evaluation with our experienced immigration attorneys if you have any questions about your eligibility for filing an Adjustment of Status or an Immigrant Visa application.

    The post USCIS February 2018 Visa Bulletin Update appeared first on VisaPro.

  • TPS For El Salvador: Re-Registration Now Open

    Current beneficiaries of Temporary Protected Status (TPS) under El Salvador’s designation who want to maintain their status through the effective termination date of September 9, 2019, must re-register between January 18, 2018, and March 19, 2018 by submitting the Form I-821, Application for Temporary Protected Status.

    Applicants may also request an Employment Authorization Document (EAD) by submitting Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date.

    

    The post TPS For El Salvador: Re-Registration Now Open appeared first on VisaPro.

  • TPS For Haiti: Re-Registration Now Open

    Current beneficiaries of Temporary Protected Status (TPS) under Haiti’s designation who want to maintain that status through the program’s termination date of July 22, 2019, must re-register between January 18, 2018, and March 19, 2018 by submitting the Form I-821, Application for Temporary Protected Status.

    Applicants may also request an Employment Authorization Document (EAD) by submitting Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date.

    

    The post TPS For Haiti: Re-Registration Now Open appeared first on VisaPro.

  • H2A And H2B Visa Program Update: USCIS Announces List Of Eligible Countries For 2018
    .table.no-border>tbody>tr>td { border: 1px solid #e9e8e8;} USCIS has published the list of countries whose nationals are eligible to receive H-2A and H‑2B visas in 2018. Some of the notable changes in the list are: Mongolia has been added to the list of countries eligible to participate in the H-2A and H-2B visa programs. Belize, Haiti, and Samoa are no longer listed as eligible countries for the H-2A and H-2B visa programs. Effective January 18, 2018, nationals of the following countries are eligible to receive H-2A and H‑2B visas: Andorra Argentina Australia Austria Barbados Belgium Brazil Brunei Bulgaria Canada Chile Colombia Costa Rica Croatia Czech Republic Denmark Dominican Republic Ecuador El Salvador Estonia Ethiopia Fiji Finland France Germany Greece Grenada Guatemala Honduras Hungary Iceland Ireland Israel Italy Jamaica Japan Kiribati Latvia Lichtenstein Lithuania Luxembourg Macedonia Madagascar Malta Moldova (H-2A program only) Mexico Monaco Mongolia Montenegro Nauru The Netherlands Nicaragua New Zealand Norway Panama Papua New Guinea Peru The Philippines Poland Portugal Romania San Marino Serbia Singapore Slovakia Slovenia Solomon Islands South Africa South Korea Spain St. Vincent and the Grenadines Sweden Switzerland Taiwan Thailand Timor-Leste Tonga Turkey Tuvalu Ukraine United Kingdom Uruguay Vanuatu Each country’s designation is valid for one year from January 18, 2018. It should be noted that the Department of Homeland Security has the right to add countries to the eligible countries list at any time, or remove any country at any time. USCIS may also approve H-2A and H-2B petitions for nationals of countries not on the list on a case-by-case basis if it is determined to be in the interest of the United States. The post H2A And H2B Visa Program Update: USCIS Announces List Of Eligible Countries For 2018 appeared first on VisaPro. …
  • Visa Bulletin February 2018: EB-2 and EB-3 Advance For China and India
    The U.S. Department of State Visa Bulletin February 2018 shows advancement in EB-2 and EB-3 for China and India in the Application Final Action Dates chart. EB-2 China also advanced in the Dates for Filing Applications chart for the employment based visa preference categories. USCIS is yet to announce which chart may be used in February 2018 for filing applications for Adjustment of Status with USCIS. Unless USCIS indicates otherwise, applicants seeking to file for adjustment of status must follow the dates in the Application Final Action Dates chart to determine when they could file their adjustment of status applications. February 2018 Visa Bulletin Highlights The following are the key highlights in the Application Final Action Dates chart of February 2018 Visa Bulletin: Priority date for EB-1 continued to remain Current for all countries. Priority date for EB-2 China advanced from August 8, 2013 to October 1, 2013. In the EB-2 Category for India, the cut-off date advanced from November 22, 2008 to December 8, 2008. The EB-2 Category continues to remain Current for all countries other than India and China. In the EB-3 Professionals and Skilled Workers Category, priority date for mainland China advanced from April 15, 2014 to September 15, 2014. Priority date for EB-3 India advanced from November 1, 2006 to December 1, 2006. The priority date for mainland China under the EB-3 Other Workers Category advanced from December 22, 2006 to February 1, 2007. EB-3 Philippines advanced from February 15, 2016 to March 1, 2016. In the EB-3 category, priority date remained Current for all countries other than India, China, and Philippines. The following are the key highlights in the Dates for Filing Applications chart of February 2018 Visa Bulletin: Priority date for EB-2 China advanced from November 15, 2013 to November 15, 2014. In the EB-3 Professionals and Skilled Workers Category, priority date for mainland China advanced from September 1, 2015, to January 1, 2016. About V …
  • 5 Common H1B Cap 2019 Filing Mistakes: How To Avoid Them?

    The post 5 Common H1B Cap 2019 Filing Mistakes: How To Avoid Them? appeared first on VisaPro.


Archived Snapshot: 2017-03-30

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Startup Visa For International Entrepreneurs li{padding-bottom:10px}p{line-height:24px}

Starting July 17, 2017, the International Entrepreneur Parole will enable start-up business-owners and entrepreneurs to begin to establish and gr…

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H-1B1, E-3 Nonimmigrants Eligible for 240 Days Continued Employment When Extension Application is Pending p,li{line-height:24px}

The Department of Homeland Security (DHS) has published a final rule revising regulations affecting

H-1B1 (Highly Skilled Workers for Specialty Occupations…

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Additional H-1B and L-1 Filing Fees Imposed for Certain Employers li{padding-bottom:10px;line-height:24px;}p{line-height:24px}

On 12/18/15, President Obama signed into law the Consolidated Appropriations Act, 2016, the omnibus appropriations bill for 2016…

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Border Security Fee $2,000 and $2,250 For H-1B and L-1 Petitions Is No Longer Required Provisions imposing the 'border security fee', an additional filing fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1 petitions has lapsed on October 1, 2015.

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Infosys Pays Record $34 million to Settle Allegations of Systemic Visa Fraud and Abuse of Immigration Processes The U.S. Justice Department has announced that Infosys Corporation, an Indian consulting, technology, and outsourcing company, has agreed to a civil settlement of allegations of systemic visa fraud and abuse of i…

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CW-1 Visa Classification: DHS Sets Limit of 14,000 for FY 2014 The Department of Homeland Security (DHS) has recently announced a limit of 14,000 nonimmigrants for fiscal year (FY) 2014 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (C…

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USCIS Temporarily Suspends Adjudication of Most H-2B Petitions USCIS has announced that effective March 22, 2013, it temporarily suspended adjudication of most Form I-129 H-2B petitions for temporary non-agricultural workers. This development follows a Court order entered on …

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Indian National Pleads Guilty in Fraudulent H1B Visa Scheme An Indian national has pleaded guilty to five federal charges for his participation in a fraudulent scheme to obtain false H-1B visas for foreign workers. It is reported that he executed a fraudulent scheme by sub…

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Sen. Grassley introduces H-1B and L-1 Visa Reforms Bill Proposes Additional Requirements for H1B and L1 Approvals On March 18, 2013, Senator Chuck Grassley and Senator Sherrod Brown introduced a bill that they claim will bring reforms to the H-1B and L visa programs and help ensure that Americans are given top consideration w…

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New E Visa Processing Instructions for Mission Italy The US Embassy in Italy has published new E visa processing instructions for Mission Italy, and has announced that effective August 15, 2012 all E visa submissions must comply with the new procedures, which are br…

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Employer ordered to pay Back Wages of about $253,000 for violation of H-1B Wage Laws In a recent decision from the United States Department of Labor Office of Administrative Law Judges (Administrator, Wage and Hour Division vs. Xcel Solutions Corporation), Administrative Law Judge (ALJ) T…

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AAO issues Binding Precedent Decision on P-3 Visa Petition The USCIS Administrative Appeals Office (AAO) has issued a binding precedent decision addressing the term unique" and its significance in the adjudication of petitions for per…

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R-1 Religious Workers Can Recapture Time Spent Outside the U.S. The USCIS has recently issued a Policy Memorandum outlining the procedure to be used for recapturing time spent outside the US by R-1 nonimmigrants when seeking an extension of their R nonimmigrant status.
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New DOS Rule to allow L Visas to be issued for up to 5 years DOS has passed a new rule that permits the issuance of L visas with validity periods based on the visa reciprocity schedule, which for certain countries, can be for a period up to 5 years. Under the current DOS re…

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Report suggests dramatic increase in denials of H-1B and L-1 petitions by USCIS A recent report of the National Foundation for American Policy (NFAP), a non-profit, public policy research organization based in Arlington, Virginia, suggests that there has been a dramatic increase in denials of…

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USCIS to allow bundled filings for L-1 petitions USCIS has, in a communication to stakeholders, informed that if petitioners bundle multiple L-1B petitions related to the same project, where the location and the specialized knowledge duties of the beneficiaries …

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Chennai Consulate to be the Sole Blanket L Visa Processing Center in India The US Embassy in New Delhi has announced that starting December 1, 2011, the US Consulate General in Chennai will be the sole Blanket L cat…

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ALJ approves Settlement Agreement in Prince George's County H-1B Teachers case On September 20, 2011, the Office of the Administrative Law Judges (ALJ) of the U.S. Department of Labor, Washington, DC, issued a Decision and Order approving a Settlement Agreement between the Administrator of t…

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DOL postpones the effective date for final rule concerning H-2B wage methodology The Department of Labor (DOL) has announced a 60-day postponement of the effective date for the final rule concerning the wage methodology for the Temporary Non-Agricultural Employment H-2B program, postponing the…

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OFLC issues Q&As regarding delays in issuing PWD and H1B LCAs On September 12, 2011, the Office of Foreign labor Certification (OFLC) issued Questions and Answers regarding the delays in issuing Prevailing Wage Determinations (PWD) and H-1B Labor Condition Applications (LCA)…

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USCIS publishes Final Rule establishing Transitional Worker Classification for workers in CNMI USCIS has recently published a final rule that establishes a Transitional Worker (CW) classification for workers in the Commonwealth of the Northern Mariana Islands (CNMI). The CW classification allows employers in the…

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The H1B Visa and EB-2 Green Card for Entrepreneurs and Start-up Companies On August 2, 2011, the Obama Administration and USCIS outlined a series of initiatives to continue to promote start-up enterprises and spur job creation in the U.S. Under these initiatives, which are aimed at stimulati…

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USCIS updates FAQs on Establishing the Relationship in H-1B Petitions Under the recently announced USCIS' initiatives to promote startup enterprises and spur job creation, USCIS has clarified that entrepreneurs with an ownership stake in their own companies, including sole employees, may…

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Senate Approves Strict Rules on Hiring H1-B Workers The U.S. Senate agreed on Friday to set restrictions on the hiring of H-1B workers by financial services firms that receive federal bailout funds, but it didn't bar the hiring of foreign workers as proponents had sought.

U.S. Sens. Bernie Sanders (I-Vt.) and Chuck Grassley (R-Iowa) had pr…

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Important Changes and Clarifications for the H1B Application Process U.S. Citizenship and Immigration Services (USCIS) has issued clarifying regulations
today, explaining how exactly the H-1B
application process will be handled this year. Some important changes have been
announced to th…

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USCIS Offers Helpful Hints for Filing a FY 2009 H1B Cap Case U.S. Citizenship and Immigration Services (USCIS), anticipates that April 1, 2008
will see a repeat of the mass filings from last year. With this expectation USCIS
has published this list of measures the petitioner can take to ensure that their
petition is correctly filed.

For Fisca…

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Common H1B Errors Leading to Rejections and Denials U.S. Citizenship and Immigration Services (USCIS) released a statement showing
the common errors leading to petition rejections or denials. This is a list of
the most frequently seen and easily cured mistakes.

Incorrect Fees

Frequently, petitioners miscalcu…

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USCIS to Issue Regulation on Multiple H1B Filings The U.S. Citizenship and Immigration Services (USCIS) will soon issue an interim final regulation that will prohibit employers from filing more than one H-1B petition on behalf of a single foreign national. The regulation is…

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Premium Processing Service suspended for R1 applications U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended Premium Processing Service for I-129 petitions seeking R-1 nonimmigrant visa classification filed with the USCIS. Premium Processing Service guarantees that within 15 calendar days of receipt of a petition, USCIS will issue …

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President signs Omnibus Appropriations Act; USCIS to implement the new law New law changes aspects of the temporary work program

U.S. Citizenship and Immigration Services (USCIS) has announced that President
Bush has signed the Omnibus Appropriations Act for FY 2005, which contains provisions
affecting the H-1B and L nonimmigrant visa catego…

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USCIS notifies H1B processing procedure The U.S. Citizenship and Immigration Services (USCIS) has published a notice explaining
how it will process H-1B petitions for new employment for Fiscal Year (FY) 2005
now that it is clear that the demand for H-1B workers will exceed the statutory
numerical limit (the cap) for H-1B nonimmigran…

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DOL notifies interim final rule on H1B1 Labor Condition Applications The Department of Labor (Department or DOL) is amending its regulations related to the temporary employment of foreign professionals to implement procedural requirements applicable to a new visa category–the H-1B1 visa. The H-1B1 visa permits the temporary entry and employment in the United States …

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Congress passes L1 and H1B Reform Law The Fiscal Year 2005 Omnibus Appropriations Bill was approved by both the House
and Senate on November 20, 2004. The Bill introduces many changes in the existing
provisions relating to work visas, such as: restoration of One-Year experience
requirement for L-1 Blanket entrants; re-institution …

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USCIS announces FY 2005 H2B Processing Numbers reflect cases received as of November 1, 2004

U.S. Citizenship and Immigration Services (USCIS) announced today that it has
received H-2B petitions for 33,153 beneficiaries counting against the statutory
visa cap for fiscal year 2005 (October 1, 2004 through S…

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Actuaries and Plant Pathologists included under NAFTA DEPARTMENT OF HOMELAND SECURITY

Adding Actuaries and Plant Pathologists to Appendix 1603.D.1 of the North American
Free Trade Agreement

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Final rule…

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The show is over; USCIS reaches H1B Cap U.S. Citizenship and Immigration
Services (USCIS) announced today that it has received enough H-1B petitions to
meet the congressionally-mandated cap for fiscal year 2005. Congress has set an
annual H-1B cap of 65,000 of which 6,800 a…

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DOL issues guidance on H2B visas Supplemental Guidance for Labor
Certification Process for Temporary Employment of Nonimmigrant Workers in the
United States (H-2B Workers); Fiscal Year (FY) 2005

AGENCY: Employment and Training Administratio…

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USCIS announces FY 2005 H1B Petition filing Status Numbers
Reflect Cases Received As Of August 18th

Washington, D.C.U.S. Citizenship and Immigration

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