Category Archives: Employment-Based Immigration

  1. 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…

  2. 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…

  3. 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…

  4. USCIS Processing Delays

    The length of time for adjudication of petitions through USCIS continues to increase despite a new administration and new leadership of USCIS in the form of Alejandro Mayorkas. On March 22, 2021 the American Immigration Lawyer’s Association (AILA) filed a class-action lawsuit against the Department of Homeland Security (DHS), specifically in relation to the long…

  5. Related Entities Cannot File Multiple H-1B Filings For The Same Beneficiary

    USCIS recently released its updated FAQs on the electronic registration for FY2022.  Those questions can be accessed via the link below: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process One of those questions concerns multiple filings by related entities for the same beneficiary. USCIS reminds applicants that an employer may not file more than one H-1B petition for the same beneficiary in…

  6. PERMs and Audits

    PERM is an acronym for the “Program Electronic Review Management” system established under the Department of Labor (DOL) regulations. It is by getting a PERM certified that a foreign national starts the process to become a lawful permanent resident through employment. This, consequently, launches the journey to U.S. citizenship. All employment-based permanent residency applications (green…

  7. Loss Of Employment And Filing A New H-1B Petition Outside Of The 60-Day Grace Period

    COVID-19 has taken its toll on the labor market, resulting in millions of people losing their job.  Unfortunately for those on a nonimmigrant visa such as an H-1B, the clock starts ticking on their last day of work.  H-1B holders generally have 60 days or until the end of their authorized stay, whichever is shorter,…

  8. B-1 For Business activities In The United States

    If you are thinking of opening a business or working in the United States but are still prospecting, you may be eligible for a B-1 visa to participate in business activities of a commercial or professional nature in the United States. This includes but is not limited to: Consulting with business associates Traveling for a…

  9. O-1 Visa: General Information

    The United States Government can grant the O visa classification to a non-immigrant temporary worker who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The classification…

  10. 240-Day Rule For H-1B Extensions

    Employers filing H-1B petitions need to be aware of the 240- day rule as it applies to filing H-1B extensions, as this rule allows employees to continue to work beyond the expiration of their authorized stay. This rule is particularly important when an Employer is filing an H-1B extension either when premium processing is unavailable…

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