Tag Archives: H-4 visa

  1. 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…

  2. 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…

  3. 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…

  4. 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…

  5. 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…

  6. 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…

  7. 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…

  8. 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…

  9. 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…

  10. 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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