H-1B Ban Set to Expire March 31, 2021

Update April 1, 2021 DOS has just provided an update on its website. Visa applicants who have not yet been interviewed or scheduled for an interview will have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance.  Visa applicants who were previously refused visas due to the restrictions of Presidential Proclamation...

H-1B Lottery Results 2021

Update3 March 30, 2021 We are all bit shocked by the lottery results. Our selection rate is just over 20% which is a record low. I don't believe we have ever touched 39% in all of the previous lottery years. So this made us pause a little and wonder what's really going on with the registration this year. We've checked with clients who did the registration on their own and it seems like so far...

Visa Bulletin Insights March 2021

Below are some takeaways from AILA regarding the Department of State's first "chat with Charlie" held on 3/17/2021 on the U.S. Department of State: Consular Affairs YouTube channel. This will be a recurring monthly segment where Charlie Oppenheim responds to the public’s questions regarding the Visa Bulletin. Debut of Chats with Charlie!The State Department’s inaugural engagement “Chats...

Potential Issues Faced by Returning LPRs after Extended Stays Overseas

Update Post: May 28, 2021 Issues continue to pile up as more and more LPRs with extended stays abroad try to enter the United States. It has been reported by some whose stay overseas lasted more than a year that they were denied boarding by the airline during check-in. Some airlines may refuse to board LPR even when the green card is still valid by following the regulation below: An immigrant...

Statutes vs. Regulations vs. Memos vs. Tweets in Immigration Law

How do we determine what is law, what is the government’s interpretation or application of a law, or what is just the government’s opinion? Consider the source. STATUTES: Laws Passed by a Legislature, Usually by CongressStatutes are binding law and can create new rights or obligations. The Immigration and Nationality Act is a statute. Statutes may be challenged in court if they are...

Consulates May Waive Visa Interviews for Certain Renewals

Update June 15, 2021 Please see a flyer below regarding the interview waiver procedure. If a consular has an interview waiver process in place and a visa applicant qualifies, the applicant must schedule their document drop-off or mail-in processing directly with that consular. Typically, these documents include: DS-160 confirmation page, a valid passport, pre-paid courier packaging for...

USCIS is Responding Quickly to Service Request Inquiry

Update May 4, 2021 Since January of last year, we have seen an uptick in typos and errors on official notices. We've caught errors almost every month which suggests the trend will continue. Errors include name misspellings, wrong priority date, wrong DOB, missing A#, and wrong EB category (EB1 instead of EB2). We will create a new post to track these ongoing errors. It is important to look at...

Re-Designation of Syria for TPS

On March 18, 2021, DHS announced re-designation and extension of Syria for TPS. This means that current beneficiaries may extend their TPS until September 30, 2022 while first-time applicants may now apply if they had missed the previous registration period. Current beneficiaries Current beneficiaries will be eligible to re-register for an extension of their status and have employment...

Some H-1B Petitions (Cap Subject) were Rejected Last Year Because the Petitions Included a Start Date After October 1

Update Post May 1, 2021 In response to the lawsuit, USCIS has agreed to accept and adjudicate H-1B cap petitions that were previously rejected last year due to having a start date that is after October 1, 2020. Original Post March 16, 2021 This is both shockingly absurd and sad. A lawsuit was filed (a copy of the complaint is attached below) recently by multiple petitioners whose H-1B petitions...

Hope – As Some Denied H-1B petitions May Get a Second Chance

As we have previously reported, Biden has immediately taken steps after swearing in to dismantle Trump’s restrictive H-1B measures. He has already revoked/rescinded prior policy memos that have led to record number of RFEs and denials. On March 12, 2021, USCIS announced that it may reopen and/or reconsider adverse decisions on Form I-129 made based on three rescinded policy memos. They key...