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Avoid Common Errors During H-1B Registration

As we enter into the registration period (March 9, 2021 to March 25, 2021), it is important to note some of the common mistakes so that each beneficiary is properly registered. The company should be aware that there are three account types to choose from. Choose the correct one. Regardless of whether they have an attorney or not, they must have an account as a “H-1B registrant”. Please see...

Final Rule Creating a Wage-Based H-1B Lottery Delayed Until 12/31/2021

As we have previously reported, this final rule has been postponed in light of Biden's efforts to postpone "midnight regulations" that signed by President Trump during the waning days of his administration. See our earlier posts: Final Rule on Creating Wage-Based Selection System for H-1B Cap-Subject PetitionH-1B Lottery unlikely to be impacted by the New RuleH-1B Lottery for FY2022 will Remain...

Can TPS Recipients Apply for Adjustment of Status?

In order to pursue adjustment of status and become a lawful permanent resident (LPR), an applicant must in addition to meeting other requirements have been properly "inspected and admitted or paroled" into the United Sates. Otherwise, the applicant cannot apply for Green Card inside the U.S. A TPS recipient have lawful status in the U.S. given the TPS designation but oftentimes they obtained TPS...

H-1B注册抽签3月9日开始

美国移民局2022年度H-1B注册抽签将从3月9日开始,您和您的雇主准备好了吗? H-1B签证一直是美国最重要的工作签证之一。H-1B签证允许从事专业职业 (specialty occupation)...

USCIS Receipt Delays and Its Impact on Employment Verification

As we have been posting recently, USCIS is experiencing record delays in issuing receipt notices of various applications. We just finally received all receipt notices in connection with I-485 employment based applications in October 2020 (a 4 month wait!). It does not seems like the situation is improving as we are continuing to receive various receipt notices that are 2 to 3 months late. The...

The Revocation of Two Trump Era Policies is Expected to Reduce Scrutiny of H-1B petitions

The Biden Administration has revoked or rescinded two Trump era policies: "Buy American and Hire American" (BAHA) Executive Order, andthe 2017 Computer Programmer Memorandum. Revocation of BAHA Executive Order The BAHA executive order was signed on April 18, 2017 by President Trump which aimed to protect and increase wages for US workers by restricting alien worker visas such as H-1B and L-1....

USCIS Receipt Notice Update: Final Two I-485 Receipt Notices Received (4 months late)

Update April 2, 2021 We are now receiving EAD/AP approvals from I-485 EB applications filed in October. USCIS processing time for EAD and AP have also been updated recently to reflect the current processing timeframe. You may initiate service inquiry if EAD/AP is pending outside of the posted time frame. Update March 18, 2021 We have now received a substantial number of Biometrics Appointment...

Current Immigration Enforcement and Removal Priorities

Update June 28, 2022 A U.S. District Court for the Southern District of Texas vacated Secretary Mayorkas's September 30, 2021, memorandum. The order, however, was stayed through June 24, 2022, to allow the Fifth Circuit the chance to rule on the government's appeal. The Fifth Circuit did not rule and the motion remains pending. As such, the District Court's decision to vacate took effect on June...

Flexibilities Announced for OPT Applicants

Update 07/29/2021 Pursuant to a court order, these flexibilities have been extended to include applications received from Oct. 1, 2020, through Oct. 31, 2021. For applicants who timely filed Form I-765 for OPT and STEM OPT and whose applications were later rejected, USCIS will accept a refiled Form I-765 as filed on the original filing date if: The original, timely filed application was received...

Summary of the “Biden Immigration Bill” for Individuals without Lawful Status Part 1

The U.S. Citizenship Act, also commonly known as the “Biden Immigration Bill”, states as its purpose, “to provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes.” For the the 11 million undocumented community members, the good news is that this earned path...