Category Archives: Employment-Based Immigration

  1. USCIS Agrees To Concurrently Adjudicate H-4, H-4 EADs And L-2s When Filed With I-129

    One of the biggest issues faced by spouses of H-1 and L-1 holders in the last few years was that USCIS stopped processing their applications even when filed with the principal application.  This resulted in much uncertainty and due to delays in processing cases many spouses were forced to stop working. Prior to the Trump…

  2. H-1B Amendments FAQ

    An H-1B is a non-immigrant visa that allows a foreign national to come to the U.S. and work on a temporary basis. Once approved for an H-1B the worker must work in accordance with the original terms and conditions as per the originally filed petition. If there is a material change to the original terms…

  3. H-1Bs: Benching And The 60 Day Grace Period

    An H-1B is a non-immigrant visa that allows a foreign national to come to the U.S. and work on a temporary basis. It’s one of the most commonly used visas for companies looking to hire talent from abroad. An H-1B can only be filed for someone who can demonstrate that they will work in a…

  4. An Introduction To H-1Bs FAQ

    Chris Prescott is Patel Law Group’s Senior Immigration Attorney and handles all Employment and Family-based Immigration matters including EB1, EB2 & EB3 filings, Labor Certification & PERM processing, I-140 & I-485 filings, EAD & Advance Parole, H1B petitions, amendments, transfers and extensions, L1A & L1B, K1 & K3 visas, I-130 & I-485 filings, removal of…

  5. USCIS Proposes A Hike In Fees To Reduce The Backlog

    On January 4, 2023, USCIS posted a notice of proposed rulemaking to adjust filing fees. Certain fees, particularly cases filed using form I-129 (H-1B, L-1A, L-1B, etc.) could potentially see significant hikes as well as EB-5. Here of a brief overview of some of the notable proposed fee increases: Immigration benefit Current fee Proposed fee…

  6. New Version Of Form I-485 To Be Used From December 23, 2022

    USCIS has released a new version of Form I-485, which must be used from December 23, 2022. This form can be found at: https://www.uscis.gov/sites/default/files/document/forms/Preview_12-23-22_Edition_USCIS_WILL_REJECT_IF_FILED_BEFORE_12-23-22_Form_I-485.pdf This form is intended for preview only and should not be submitted prior to December 23, 2022.  This form becomes mandatory on the aforementioned date which means that the current version…

  7. How To Take Advantage Of The 540-Day Automatic Extension For H-4 Holders

    When USCIS announced that H-4 holders would qualify for an automatic extension of their EAD, this was praised as a move in the right direction.  However, the caveat to this rule is that to qualify for an automatic extension an individual needs to have a valid I-94. The automatic extension was initially 180 days, but…

  8. Fast Track To A Green Card For Indian Born Foreign Nationals

    I came to the U.S. in 2007, over 15 years ago.  I knew before I even came that I wanted to stay indefinitely.  My wife was initially sponsored for a J-1 and then quickly switched to an O-1, with myself trailing in the shadows. My wife was and still is a talented fashion designer.  She…

  9. Options For Foreign Nationals Who Are Laid Off

    It’s all over the news.  Massive layoffs at Twitter and Facebook.  Other companies will no doubt follow the same suit.  Cutting labor costs is the number one way that companies deal with reduced profits, diminished demand for products and services, especially during a recession. Unfortunately for foreign nationals being laid off is particularly problematic as…

  10. ACICS Schools Are No Longer Recognized By USCIS

    On August 19, 2022, the Department of Labor stated it would no longer recognize the Accrediting Council for Independent Colleges (ACICS) as an accrediting agency.  This announcement affects English language study programs and F-1 students applying for STEM OPT extensions. SEVP will notify students if their school is affected by the above and strongly encourage…

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