The USCIS has announced a specific process to be followed for transferring from EB3 to EB2 with a pending I-485. This transfer of your underlying basis is advised for persons who have a pending I-485 that was filed using an EB3 I-140 where; the priority date is not current under the EB3 category but, is… Continue reading From EB3 to EB2 !
The Department of State (DOS) has released the February Visa Bulletin. Most categories remained unchanged but, India EB2 moved forward on the Dates for Filing chart by 2 mos. and 6 mos. on the Final Action Date chart. China EB2 also moved forward almost 2 mos. on the Final Action Date chart. The USCIS announced… Continue reading February Visa Bulletin
The USCIS has announced that it will once again, extend the deadline for responses to RFE’s, NOID’s, NOIR’s etc by 60 days due to the on-going COVID-19 pandemic.
Recently, the U.S. Department of State authorized the waiver of consular interviews for certain H-1B, H-4, L-1, H-3, O, P, and Q visa holders. This decision was in response to the long wait times for visa interviews at U.S. consulates across the globe. This new policy went into effect until January 1st, 2022 and is… Continue reading Consular In-Person Interview Waivers Now in Effect
This week, the USCIS Public Engagement office announced that it will immediately begin to expedite the issuance of EAD’s for healthcare workers if: You have a pending Employment Authorization Document (EAD) renewal application ; and Your EAD is expiring within 30 days or less, or has already expired: Please call the USCIS Contact Center at 800-375-5283 to request expedited processing of your EAD renewal application. If your EAD renewal is pending… Continue reading EAD Expedite for Healthcare Workers
The rule will be published December 22, 2021 and once published Department of Homeland Security (DHS) will officially withdraw the “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” final rule issued on January 8, 2021. This means next year’s H-1B CAP selection process will be the normal random lottery and NOT… Continue reading H-1B Registration Selection Rule based on Wages Dead
A recent Bloomberg article stated that the number of H-1b workers in STEM positions dropped by over 12% from 2020 and reached their lowest levels in 10 years. The data used was the number of LCA’s filed and certified by the DOL. The speculation as to why; focused on slower processing times, COVID, and greater… Continue reading H-1b Workers Decreasing ?
In an industry where sub-contracting is common, IT staffing companies must be cautious in dealing with a sub-vendor that employs H-1b workers. There are a number of documented cases where those H-1b workers are not in status, not being paid properly, and in essence being held hostage by an unscrupulous vendor. In one recent case,… Continue reading IT Staffing Companies Beware
The Department of State (DOS) has released the January Visa Bulletin and there was little movement. All dates in the Dates for Filing chart remained unchanged. In the Final Action Date chart, India EB2 moved forward 2 mos. and China EB2 a few weeks but, EB3 for both India and China remained unchanged. The USCIS… Continue reading January Visa Bulletin
In a real-world example of how a misunderstanding of how to conduct employment eligibility verification, the Department of Justice recently published a settlement agreement that demonstrates how a nuanced requirement for human resource professionals can be quite costly to the organization at large. Recently, the Immigrant and Employee Rights Section (IER) of the Civil Rights… Continue reading Settlement Highlights Importance of HR Training
On Nov. 19, USCIS has confirmed that they have completed a third round of lottery sections for the FY 2022 H1B cap. Individuals with selected registrations will have their myUSCIS accounts updated to include a selection notice, which includes details about when and where to file. The filing window for these selections will be Nov. 22, 2021, and close on Feb. 23, 2022. We will be… Continue reading USCIS Conducts THIRD Lottery Selection for FY 2022 H-1B CAP