Immigration Law Show October 5 2017

Covering important topics such as AC21, 30/60 days rule, H1B premium, H1B transfer, I-140 petition, H1B news, L1A, L1B, family petitions, H4 to H1B, H4 EAD, 90 days rule, adjustment of status, AOS, change of status, COS, and visa bulletin predictions.Read More Breaking News

Change to INA 212(a)(6)(C)(i) and Introduction of 90 Day Rule

Following a Cable from DOS, there is a change in the 30/60 day rule to 90 days. It is important to note that this is a rebuttable presumption and should be addressed at the outset of the application. 1. SUMMARY: This cable advises posts on the application of INA section 212(a)(6)(C)(i) as it pertains to revised guidance at 9 FAM 302.9-4(B)(3)(g-h) regarding the 90 day rule, formerly known as the “30/60 day rule.” Interagency working groups agreed to a change in policy and expanded the 30/60 day timeframe to 90 days for aliens…Read More Breaking News

Premium Processing for All H1Bs is back

Finally after more than six months of wait, premium processing is finally back for all H1B cases. This allows us to process  cases of immediate transfer of H1Bs, extensions, and those who were out of status to actually file their H1Bs. If you need help for your premium processing, feel free to reach out to us at 510 742 5887. >>Read More    Read More Breaking News

Premium for all H1Bs should resume by October 3, 2017

According to AILA: During a call with AILA's USCIS Service Center Operations (SCOPS) Liaison Committee on September 27, 2017, USCIS Service Center Operations indicated that it is on track to resume premium processing for all H-1B petitions on or before October 3, 2017. AILA is currently awaiting official announcement and further details from USCIS on this issue.Read More Breaking News

USCIS Alerts Those Affected by Hurricane Harvey to Available Immigration Services

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey. The following measures may be available on a case-by-case basis upon request: Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control; Re-parole of individuals previously granted parole by USCIS; Expedited processing of advance parole requests; Expedited adjudication…Read More Breaking News

Frequently Asked Questions: Rescission Of Deferred Action For Childhood Arrivals (DACA)

The following are frequently asked questions on the September 5, 2017 Rescission of the Deferred Action for Childhood Arrivals (DACA) Program. Q1: Why is DHS phasing out the DACA program? A1: Taking into consideration the federal court rulings in ongoing litigation, and the September 4, 2017 letter from the Attorney General, it is clear that program should be terminated. As such, the Acting Secretary of Homeland Security rescinded the June 15, 2012 memorandum establishing the DACA program. Please see the Attorney General’s letter and the Acting Secretary of Homeland Security’s memorandum for further…Read More Breaking News

DACA ends

After five years of an Obama program for "Dreamers" known as DACA (Deferred Action for Childhood Arrivals), Trump announced today he will end the program. This is a blow to almost two millions people.Read More Breaking News

Breaking News: USCIS to conduct Interviews for All Employment Based Green Cards

According to an article by Politico, it seems that under the rules of "extreme vetting", USCIS will be conducting an interview on adjustment of status for those applying for permanent residence based on employment (EB). Immigration authorities will require an in-person interview for certain applicants for green cards, a change likely to slow the process of obtaining one. The new requirement, which was confirmed Friday by a spokesman for the U.S. Citizenship and Immigration Services, will apply to anyone moving from an employment-based visa to lawful permanent residency. Visa holders who are family…Read More Breaking News

USCIS Investigation Results in Guilty Plea from Former Airline Staffing Executive Release Date: Aug. 11, 2017

LOS ANGELES—Thanks to the investigative efforts of U.S. Citizenship and Immigration Services, Eleno Quinteros Jr., the former vice president of operations for two airline mechanicstaffing companies, plead guilty yesterday to charges of making false statements in support of lawful permanent resident petitions for dozens of the companies’ mechanics. “U.S. Citizenship and Immigration Services has zero tolerance for those who try to fraudulently misuse our country’s lawful immigration system,” said Susan Curda, director of the USCIS Los Angeles District. “We are proud of our role in uncovering this scheme and bringing the perpetrator to…Read More Breaking News

June 2017 Visa Bulletin – Retrogression on EB1 for India

Newark CA May 10 2017 - To our surprise, it seems that EB1 for India is retrogressed to January 2012 for Chart A (processing dates) on the Visa Bulletin June 2017. Fortunately, the acceptance date on Chart B is still current implying that EB1 categories will still be able to file for adjustment of status if they wish to do so. As for the EB2 and EB3 India, there are no great movements although we are glad it has not retrogressed. See full Visa Bulletin June 2017 here. June 2017 Visa BulletinRead More Breaking News

USCIS Completes Data Entry of Fiscal Year 2018 H-1B Cap Subject Petitions

USCIS announced on May 3, 2017, that it has completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in our computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions. USCIS asks petitioners not to inquire about the status of submitted cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected…Read More Breaking News

USCIS to crack down on H1B holders

Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse Agency Creates Avenue for American Workers to Report Abuse Release Date: April 3, 2017 WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced multiple measures to further deter and detect H-1B visa fraud and abuse. The H-1B visa program should help U.S. companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been…Read More Breaking News

USCIS Will Accept H-1B Petitions for Fiscal Year 2018 Beginning April 3

WASHINGTON — U.S. Citizenship and Immigration Services will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY 2018 cap will be rejected. The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. H-1B specialty occupations may include fields such as science, engineering and information technology.…Read More Breaking News