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…
Category Archives: Employment-Based Immigration
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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…
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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…
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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…
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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…
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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,…
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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…
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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…
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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…