Tag Archives: employment-based immigration

  1. 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…

  2. 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…

  3. FY 2023 Update For Employment-Based Green Card Applications

    This article provides an update on the number of employment-based green cards issued last year and available this year. USCIS confirmed that they were able to use all the employment-based visas in FY 2022, except for 6396 EB-5 visas that had carried over from the previous year.  USCIS approved more than 220,000 employment-based adjustments of…

  4. New Public Charge Rule

    Most of you will recall the Trump Era public charge rule, from 2019, which caused chaos and uncertainty and tremendous amounts of paperwork for both applicants and their Attorneys.  This was another attempt by the former President to reduce Immigration by denying Immigration benefits to those who rely on Government aid. For a recap of…

  5. USCIS Expected To Use All Available Employment Based Green Cards This Fiscal Year

    Last year USCIS came under heavy criticism for failing to issue all available employment-based green cards.  Due to the pandemic, most Consulates were closed or operating at a reduced capacity which meant that unused family-based visas rolled over into the employment-based green cards.  This was great news. Typically, there are 140,000 employment-based green cards available…

  6. H-1B Lottery FY2023- Frequently Asked Questions

      What is the H-1B lottery and how do I apply? An H-1B visa is a temporary form of work authorization and is available for those who intend to work in a specialty occupation.  A specialty occupation position is one that requires the theoretical and practical application of a body of highly specialized knowledge and…

  7. How To Make An Interfile Request 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. 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…

  9. 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…

  10. 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…

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