This post relates to employer's obligations when it has retained an attorney to handle its H-1B registration. First, the employer must have access to its USCIS account. If employer has created an account last year, the same login credential should work. If not, employer should go through the reset password procedure. If employer has never created an account, employer should follow the...
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...
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...
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The Biden Administration has revoked or rescinded two Trump era policies: "Buy American and Hire American" (BAHA) Executive Order, andthe 2017 Computer Programmer Memorandum.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....
The answer should be fairly straightforward. But USCIS has not always been consistent in adjudicating similar cases. They are supposed to follow the "last action" rule. Once GC is approved, then the beneficiary becomes a lawful permanent resident from that point onwards. The pending H-1B extension may be approved but only up to the day before GC approval. But the varying adjudication outcomes...
On February 24, 2021, President Biden rescinded Trump's Immigrant Visa ban (Proclamation 10014) which suspended the entry of certain immigrant visa applicants. However, given the backlog caused by the Covid pandemic and the bans under Trump, the resumption of visa services will not be swift or back to pre-pandemic levels. The Department of State has provided an update on its website regarding...
E-3 status is similar to H-1B but reserved for citizens of Australia. And just like H-1B, there is a limit to the number of E-3 visas available to Australian nationals, but most of these numbers go unused each year. General requirements for E-3 are: Are a national of Australia;Have a legitimate offer of employment in the United States;Possess the necessary academic or other qualifying...
This is one of those questions where the answer may seem obvious at first glance but it is difficult to answer without elaborating. When you submit your I-485 application, you are at the final leg of the years-long journey to permanent residency in the U.S. As part of the green card application package, you may also submit I-765 (EAD) and I-131 (advance parole) together with your green card...
