Preparing Now for the FY2022-2023 H-1B Cap Registration Lottery

H-1B visas authorize highly educated non-citizen professionals to work for U.S. employers in specialty occupations.  Current law limits the number of new H-1B visas issued each fiscal year.  The H-1B quota  for this fiscal year is 65,000 for those who hold…

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USCIS Temporarily Waiving 60-Day Rule for Civil Surgeon Signatures

U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit…

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November Visa Bulletin: Retrogression For EB-3 India and China

The Department of State publishes immigrant visa availability information in a monthly Visa Bulletin which establishes cut off dates for filing of adjustment of status applications or immigrant visa applications. The cut-off dates are determined based on predictions of immigrant visa demand….

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5 Steps Foreign-Born Doctors Need To Take For EB-1 Green Card Victory

Most doctors get a green card through an employer’s sponsorship of the labor certification process. Depending upon your country of birth, it can take anywhere from two to 10+ years to get a green card this way. And if you…

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Employers May File H-2B Petitions for Returning Workers This Year

USCIS is announcing today that employers may file H-2B petitions for returning workers under the FY 2021 H-2B supplemental visa temporary final rule. Employers may take this action if they are likely to suffer irreparable harm without these additional workers. A…

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Second Chance for Denied H-1B Petitions During Trump Administration?

During the Trump administration, many H-1B applications, including renewals of H-1B employment, were denied due to three policies which federal courts have found to violate the law.  The policies were embodied in several USCIS memoranda: “Determining Employer-Employee Relationship for adjudication…

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USCIS Extends Time to Respond to Requests for Evidence and Other Case Requests Due to Pandemic, Once Again

On December 18, 2020, USCIS issued a new notice, adding to a previous notice, extending the period of time individuals can respond to certain requests. The notice states: USCIS Extends Flexibility for Responding to Agency RequestsIn response to the coronavirus (COVID-19)…

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Benefits of an Adjustment of Status (Green Card) Application

As defined by the USCIS,  adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States.  If you are qualified…

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Congress Greatly Expands Premium Processing For Immigration Applications

The Continuing Appropriations Act, 2021, and Other Extensions Act gives the United States Citizenship and Immigration Services (USCIS) access to premium processing funds to pay for operational expenses.  The Act authorizes premium processing services to employment-based nonimmigrant petitions and associated…

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Federal Court Blocks Trump Administration from Implementing Public Charge Rule During Pandemic

On Wednesday, July 29, a Judge in the Southern District of New York ruled that the public charge rule could not be implemented during a national emergency declaration. The public charge rule is explained in a former blog post as…

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