Category Archives: Employment-Based Immigration

  1. Why is my case taking so long? How to get your Immigration petition expedited with USCIS

    Since the pandemic began processing times have gone through the roof and continue to increase across for board for all immigration-related applications. USCIS claims it is understaffed, yet they are funded by fees, the majority of which have seen huge increases in the past few years.  For example, the premium processing fee increased from $1,410…

  2. Terminating an H-1B employee. What Employers need to know

    Employers that hire H-1B employees need to be aware of their responsibilities when terminating an H-1B employee. When an employee comes to the US to work for an employer, they typically receive approval for 3 years.  This means they have an expectation of working for that employer for the full 3 years.  Of course, as…

  3. Department of State announces waiver of interviews for certain non-immigrant visas

    Obtaining an interview at almost any consulate outside of the U.S. has been almost impossible due to the ongoing pandemic and as a result, many have been left unable to return to the U.S. To help facilitate the issuance of visas and clear the backlog, the Department of State announced that they would waive the…

  4. USCIS Relaxes 60 day Filing Requirement For I-693 Medical Reports

    USCIS has announced that it will not require applicants to file their medical report within 60 days of the civil surgeon signing the I-693.  This is effective December 9, 2021 and will remain the case until September 30, 2022. Previously, USCIS had required applicants applying for adjustment of status to submit their medical report within…

  5. An Overview of the H-1B Process

    The H-1B visa is one of the most utilized visas by employers to bring foreign talent to the U.S. The H-1B program is intended to allow employers to hire foreign workers temporarily, where such skills cannot be found domestically. The H-1B program is available for specialty occupation workers and fashion models of distinguished merit and…

  6. DHS Agrees To Allow H-4 And L-2 Applicants To Qualify For 180-Day Automatic EAD Extension As Part Of Settlement

    The Department of Homeland Security (DHS) has now agreed to a settlement after the American Immigration Lawyers Association (AILA) and Partners, filed a Federal Lawsuit claiming, that the prohibition on qualifying H-4 and L-2 applicants benefits from the 180-day extension, was unlawful. For details of our original article please click the following link: https://www.patellegal.com/aila-files-lawsuit-claiming-h-4-and-l-2-ead-should-qualify-for-180-day-automatic-extension/ The…

  7. Interfiling Versus Filing A New I-485 In Order To Switch Employment Categories

    By now most people are familiar with the concept of filing a downgrade application from EB-2 to EB-3.  However, last October so many applicants filed downgrades, that the demand for EB-3 green cards, has far exceeded the number available, resulting in severe retrogression, especially for EB-3 India. In November 2021, EB-3 India dates retrogressed by…

  8. AILA Files Lawsuit Claiming H-4 And L-2 EAD Should Qualify For 180- day Automatic Extension

    USCIS processing times continue to increase for the majority of applications and have only been made worst by the ongoing pandemic, resulting in the agency being heavily understaffed.  This is especially true for H-4 and L-2 EAD applicants.  Because of the long processing times and the fact that these categories of work authorization are not…

  9. H-1B Denial Rates Continue to Drop

    Many applicants filing for an H-1B, under the previous administration, had to contend with difficult Requests for Evidence, followed by erroneous denials.  According to the National Foundation for American Policy (NFAP), a nonpartisan policy research group, the denial rates for H-1B petitions for initial (new) employment was as follows: 24% in FY 2018; 21% in…

  10. Green Card Applicants Now Required To Get COVID-19 Vaccine Before Obtaining I-693 Medical Exam

    Effective October 1, 2021, the Centers for Disease Control and Prevention (CDC) will now require all applicants seeking permanent residence to complete the COVID-19 vaccine and provide documentation to the civil surgeon before completing their medical exam. This includes applicants filing for adjustment of status in the US and those applying via consular processing. However,…

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