Students on F-1 status need to ensure they maintain status. A failure to maintain status could result in a violation which could have an impact on their immigration future. At PLG we often see requests for evidence questioning maintenance of status for F-1 students, who have submitted an H-1B cap petition requesting a change of…
Category Archives: Employment-Based Immigration
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DHS Withdraws Its Duration Of Status Rule
The Department of Homeland Security (DHS) will now withdraw its duration of status rule. Students have for a long time had the benefit of being admitted for the duration of status. In other words, unlike other nonimmigrants, they are not admitted for a specific length of time. This flexibility has allowed them to extend their…
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Success Story: EB-2 To EB-3 Downgrade Approved For A Schedule A Case
Last October saw thousands of people applying for downgrades due to the forward movement in the Employment-based EB-3 priority dates. By filing a downgrade, applicants were able to concurrently file an I-485, Application to adjust status and also apply for employment authorization and travel document. One client, working as a Physical Therapist had asked us…
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Is Day 1 CPT Still A Problem?
Having previously written two articles on Day 1 CPT (Curricular Practical Training) I keep being asked whether I would recommend Day 1 CPT and what are the potential consequences of taking it. If you haven’t read my previous articles, please find the links below: https://www.patellegal.com/why-day-1-cpt-is-not-a-good-idea-and-can-cause-more-problems-than-it-solves/ https://www.patellegal.com/day-1-cpt-revisited/ Please note that the first article was written during…
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USCIS To Start Issuing 2-year EADs For Adjustment Applicants And New Expedited Processing Criteria
On June 9, 2021, USCIS announced some important policy changes as well as their intention to start issuing 2-year EADs (Employment Authorization Document) for certain adjustment of status applicants. 2- year EADs Certain adjustment of status applicants will now receive a 2-year EAD, instead of just a 1-year card. Although adjustment of status applicants are…
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USCIS Confirms It Will Suspend Biometrics For Certain Nonimmigrants
USCIS has stated it will suspend the biometrics requirements for H-4, L-2, E-1, E-2 and E-3 applicants from May 17th, 2021 for a period of 2 years. The biometric requirement was introduced by the Trump administration and was particularly cumbersome for H-4 and L-2 applicants as it meant that their applications would no longer be…
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USCIS Restores Its 2004 Deference Policy
More great news coming from the Biden Administration. In 2004 USCIS released a policy which stated that officers should generally defer to prior determinations when making a decision on an extension petition. However, the Trump administration rescinded this policy which created havoc, especially in the H-1B community. It meant that individuals who had previously been…
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Life after the expiration of Proclamation 10052
Despite a new administration no action was ever taken by President Biden to revoke Proclamation 10052. This Trump Proclamation suspended entry of certain nonimmigrants in the US and including those on H-1B, H-2B, J and L1s and was extended by Trump by Proclamation 10131 until March 31, 2021. However, the Department of State (DOS) has…
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USCIS Announces That F-1 Students Can File OPT And STEM OPT Applications Online
On April 12, 2021 USCIS announced that F-1 students can file OPT and STEM OPT applications online using form I-765. This applies to the following applications: Pre-completion OPT; Post completion OPT; and 24- month extension of OPT known as STEM OPT. USCIS has also warned that anyone else that attempts to file I-765 online that…
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Day 1 CPT Revisited
2 years ago I wrote an article on the problems of taking Day 1 CPT and thought it was time to revisit this issue. Click here to see my previous article. At the time of writing my previous article, USCIS was taking a very firm stand on Day 1 CPT cases. In fact, students applying…