STEM OPT Third party placement allowed again subject to conditions

This suddenly appeared on the USCIS website on Friday August 17 2018 Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of our website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT student’s termination of employment or departure to the DSO within five business days.…Read More Breaking News

USCIS Modifies Asylum Interview Scheduling

USCIS, Jan. 31, 2018 - "U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog. USCIS is responsible for overseeing the nation’s legal immigration system, which includes adjudicating asylum claims. The agency currently faces a crisis-level backlog of 311,000 pending asylum cases as of Jan. 21, 2018, making the asylum system increasingly vulnerable to fraud and abuse. This backlog has grown by more than 1750 percent over the last…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

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 Temporarily Suspend Premium Processing for All H-1B Petitions

Announcement from USCIS Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification. We will notify the public before resuming premium processing for H-1B petitions. Who Is Affected The temporary suspension applies to all H-1B petitions filed on or after April 3, 2017. Since FY18 cap-subject…Read More Breaking News

Breaking News USCIS changes forms without warning!

This is something really unconventional when USCIS changes forms without actually giving advanced notices! This notice came from AILA (American Immigration Lawyers Association).  The list of forms goes over five pages and can be found here - USCIS, Dec. 23, 2016 From AILA, Dec. 23, 2016 - "Today, December 23, 2016, USCIS posted a large number of new form versions. The forms all have an effective date of today, December 23, 2016, and the website indicates that no other versions of the forms are acceptable, with the exception of Form I-129. It appears USCIS…Read More Breaking News

AILA Calls for Rescission of NSEERS – Letter to White House

AILA, Nov. 23, 2016 - "On April 27, 2011, the Department of Homeland Security announced the elimination of the list of countries whose nationals are subject to registration under NSEERS, thus effectively ending the NSEERS registration process. While this was a welcome step, it did not go far enough to terminate the program. This administration must remove the residual penalties and procedures associated with NSEERS and remove the regulatory framework of NSEERS altogether by rescinding the regulation to ensure that this dark part of our nation’s history is not repeated."Read More Breaking News

Petition to Make The January 2017 Visa Bulletin for All EB categories and All EB countries current.

November 20, 2016 - The Shah Peerally Law Group PC is calling on the present President, Obama, to actually do a final push for so many employees on employment-based categories (EB) waiting in the line for their greencards. The petition has already gathered more than 1500 signatures and is going strong. We need more people to support the initiative. Make All EB categories in the January 2017 Visa Bulletin Current In the light of so many possible negative changes on immigration, we urge President Obama, the Department of State and Department of Homeland…Read More Breaking News

Updates on EB New Rules – I-140 EAD.

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. This rule goes into effect on Jan. 17, 2017.Read More Breaking News

Two VAWA Win and One U Visa Victory last week!

October 24 2016 - The Shah Peerally Law Group PC is proud to congratulate its team especially Shabana for two amazing VAWA victories and one difficult U visa certification victory. Both of the VAWA cases were men who suffered in their relationships and the U visa certification for a woman who was constantly being abused by her boyfriend. We received the approval notices on Friday. Thank you and congratulations again to our team for a job well done! For those who want to know more about VAWA or U Visas, feel free to…Read More Breaking News

Shah Peerally Law Group PC (SPLG) launches Washington DC office!!!

Washington DC October 6 2016 - By popular demand the Shah Peerally Law Group PC has launched its Washington DC office three months ahead of schedule. The office - located at 1020 16th Street NW - is stationed in the heart of Washington DC two blocks away from the White House and in the vicinity of the United States’ most important institutions including the headquarters of the United States Customs and Immigration Service (USCIS). The office will provide legal services focusing on employment and investment based immigration law and will engage in advocacy…Read More Breaking News

USCIS Proposes Rule to Welcome International Entrepreneurs

This might be good news for new investors and bringing more jobs to United States citizens. Release Date: August 26, 2016 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States. Read the advance version of the notice of proposed rulemaking: International Entrepreneur Rule. Once the notice of proposed rulemaking is published in the Federal Register, the public will…Read More Breaking News
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