USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors

Guidance Updated After Public Comment Period WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) has published a revised final policy memorandum (PDF, 129 KB) related to unlawful presence after considering feedback received during a 30-day public comment period that ended June 11, 2018. Under the revised final policy memorandum, effective Aug. 9, 2018, F and M nonimmigrants who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is pending. On May 10, 2018, USCIS posted a policy memorandum changing the way…Read More Breaking News

Visa Bulletin September 2018 – India EB2 retrogresses to Jan 1 2007 and EB3 Jan 1 2003

Following another bad news for Visa Bulletin September 2018 for India retrogressing to Jan 1 2007 EB2 and EB Jan 1 2003. This means we are now 11 years behind for EB2 India and 15 years behind on EB3. The waiting time seems to be endless. But remember the dates might come back to a reasonable date anytime soon. A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized…Read More Breaking News

USCIS putting a hold on NTAs until new guidance issued

Updated Guidance on the Implementation of Notice to Appear Policy Memorandum Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum. Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued. >>Read MoreRead More Breaking News

Work Visa USA

Lately many have been asking their options to work in the United States. This video covers the main visas available to come to the United States and work. However, it is in no way a comprehensive explanation of all the visas that is available to emigrate to the USA. Please feel free to share.Read More Breaking News

Visa Bulletin August 2018 – India EB3 moves forward to January 1, 2009

A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.) Employment- based All Chargeability Areas Except Those Listed CHINA- mainland born EL SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES VIETNAM 1st 01MAY16…Read More Breaking News

USCIS Updates Notice to Appear Policy Guidance to Support DHS Enforcement Priorities

WASHINGTON — U.S. Citizenship and Immigration Services issued updated guidance (PDF, 140 KB) today that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security. A Notice to Appear (NTA) is a document given to an alien that instructs them to appear before an immigration judge on a certain date. The issuance of an NTA commences removal proceedings against the alien. Under the new guidance, USCIS officers will now issue an NTA for a wider range of cases where the individual is removable…Read More Breaking News

USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary…Read More Breaking News

Movement of EB2 India to March 2009 for July 2018 Visa Bulletin

It seems we saw a jump on the EB2 India to March 2009 for the July 2018 Visa Bulletin. Although it is not quite would have been a good jump, it is still a welcoming news Employment- based All Chargeability Areas Except Those Listed CHINA- mainland born EL SALVADOR GUATEMALA HONDURAS INDIA MEXICO PHILIPPINES VIETNAM 1st C 01JAN12 C 01JAN12 C C C 2nd C 01JAN15 C 15MAR09 C C C 3rd C 01JAN13 C 01NOV08 C 01JAN17 C Other Workers C 01MAY07 C 01NOV08 C 01JAN17 C 4th C C 08FEB16 C…Read More Breaking News

H1B transfer and H4 Extension!

Whenever you are transferring an H1B, make sure that you also file an extension I-539 for H4 visa. The reason for that is if the previous H1B is cancelled, then the H4 visa holder will be out of status. For more information or a consultation call 5107425887 or email info@peerallylaw.com - www.peerallylaw.comRead More Breaking News

USCIS Updates Policy on DNA Evidence in Support of Sibling Relationships

USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum (PDF, 136 KB) permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings. This guidance will enhance the agency’s ability to accurately evaluate eligibility for immigration benefits by allowing petitioners and officers to make effective use of recent technological advances in direct sibling DNA test results. When USCIS determines that primary evidence is unavailable or unreliable, it may suggest and accept DNA test…Read More Breaking News

Federal Register Changed not to allow third party placement of OPT student!

Following an abrupt change of the Federal Register, it seems that the USCIS has decided that third party placement of OPT students are not acceptable. The amendment states: [T]he training experience must take place on-site at the employer’s place of business or worksite(s) to which U.S. Immigration and Customs Enforcement (ICE) has authority to conduct employer site visits to ensure that the employer is meeting program requirements. This means that ICE must always have access to a student’s worksite; if the student is sent to different worksite locations as part of the training…Read More Breaking News

Acquisition of U.S. Citizenship for Children Born Out of Wedlock

USCIS, Apr. 18, 2018 - U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify certain requirements for acquisition of U.S. citizenship for children born outside the United States and out of wedlock under sections 301 and 309 of the Immigration and Nationality Act (INA). USCIS is making conforming edits to the USCIS nationality charts. This update addresses: Changes to physical presence requirements in acquisition of citizenship cases per the U.S. Supreme Court decision in Sessions v. Morales-Santana; [and] Clarifications on what may qualify as a…Read More Breaking News

Report from AILA

Trump's 'Invisible Wall' Stifles Legal Immigration American Immigration Lawyers Association, Mar. 19, 2018 - "Despite overwhelming evidence of the value immigrants bring to our country, since President Trump took office in January 2017, the administration has adopted dozens of policies and procedures that are slowing, or even stopping legal immigration, without any Congressional action. ... While President Trump continues his very public fight for the construction of a physical wall, little by little, he and his administration are quietly and very deliberately restricting and slowing the pace of legal immigration by building an…Read More Breaking News

The National Interest Waiver – A door inside the USA from Africa!

Do you at times feel like a big fish in a small pond? Do you get the feeling that you should be doing something more important with your life because you have the ability to do so? Do you feel that the possibilities are limited in your present environment and long for a someday where your contribution will be valued? The danger of being the big fish in a small pond is to become complacent and stop looking ahead or become bitter and stop making efforts to improve and keep growing and eventually…Read More Breaking News