Immigration News

USCIS Issues Guidance on When to File an H-1B Amendment

Posted by on May 22, 2015 in H1B Visas, News | 0 comments

On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file an H-1B Amendment when a new Labor Condition ApplicationLCALabor Condition Application - A request to the Department of Labor for a foreign worker to work in the United States. This application is required for H-1(b), specialty occupationFor an alien entering the United States or adjusting without a labor certification, occupation refers to the employment held in the country of last...

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No Quota or Filing Deadline Imposed on H-4 EAD Benefit

Posted by on May 20, 2015 in Employment Authorization, H-4, News | 0 comments

As reported in our last newsletter, the Department of Homeland SecurityThe mission of the DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our country are committed to the safety of our homeland. DHS is now responsible for immigration and naturalizationThe conferring, by any means, of citizenship upon a person after birth.. Visit the DHS web site for more information. -The many men and women who daily protect our borders and secure our country are committed to the safety of...

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USCIS Temporarily Suspends Premium Processing for H-1B Extensions

Posted by on May 19, 2015 in H1B Visas, News | 0 comments

Starting May 26, 2015, U.S. CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a NonimmigrantAn alien who seeks...

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June 2015 Visa Bulletin – EB-2 China/India Move Forward

Posted by on May 19, 2015 in News, Visa Bulletin | 0 comments

The U.S. Department of State (DOS) released its June 2015 Visavisa allows the bearer to apply for entry to the U.S. in a certain classification (e.g. student (F), visitor (B), temporary worker (H)). A visa does not grant the bearer the right to enter the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure...

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USCIS Completes Data Entry for all H-1B Cap Cases

Posted by on May 10, 2015 in H1B Visas, News | 0 comments

USCIS announced on May 4, 2015, that it has completed data entry of all fiscal yearCurrently, the twelve-month period beginning October 1 and ending September 30. Historically, until 1831 and from 1843-49, the twelve-month period ending September 30 of the respective year; from 1832-42 and 1850-67, ending December 31 of the respective year; from 1868-1976, ending June 30 of the respective year. The transition quarter (TQ) for 1976 covers the three-month period, July-September 1976. 2016 H-1B cap-subject petitions selected in the...

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Summary of Ombudsman Call on H-1B Amendments for Work Location Changes

Posted by on May 10, 2015 in H1B Visas, News | 0 comments

In our last newsletter, we wrote about a recent precedent AAO Decision “Matter of Simeio Solutions, LLC” that requires employers to file H-1B amendments for all worker location changes. This week, the USCIS Ombudsman held a call to explain USCIS implementation of the AAO decision. The following is a summary. According to a 2003 Hernandez memo, a work location change was not considered a ‘material change,’ and thus filing an H-1B amendment with the USCIS was not necessary. Employers only had to file a Labor Condition...

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AAO: H-1B Amendment Required for Location Changes

Posted by on Apr 26, 2015 in H1B Visas, News | 0 comments

Earlier this month, the Administrative Appeals Office (AAO) of the United States CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. and Immigration Services (USCIS) issued a precedent decision that once again highlights the importance of diligent compliance and maintenance of relevant immigrantan alien admitted to the United States as a lawful permanent resident. Permanent residents are also...

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May 2015 Visa Bulletin

Posted by on Apr 26, 2015 in News, Visa Bulletin | 0 comments

The U.S. Department of State (DOS) released its May 2015 Visavisa allows the bearer to apply for entry to the U.S. in a certain classification (e.g. student (F), visitor (B), temporary worker (H)). A visa does not grant the bearer the right to enter the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHSThe mission of the Department of Homeland Security -The many men and women who daily protect our borders and secure our...

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H-1B Cap Premium Processing to Begin April 27, 2015

Posted by on Apr 26, 2015 in H1B Visas, News | 0 comments

On April 27, 2015, U.S. CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. USCIS first announced in a news release that it would temporarily adjust its premium processing...

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USCIS Reaches FY2016 H-1B Cap

Posted by on Apr 7, 2015 in H1B Visas | 0 comments

U.S. CitizenshipThe country in which a person is born (and has not renounced or lost citizenship) or naturalized and to which that person owes allegiance and by which he or she is entitled to be protected. and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap for fiscal yearCurrently, the twelve-month period beginning October 1 and ending September 30. Historically, until 1831 and from 1843-49, the twelve-month period ending September 30 of the respective year; from 1832-42 and 1850-67, ending...

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