USCIS Resumes Premium Processing for All H-1B Petitions

USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request. When an H-1B petitioner properly requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If we do not take certain adjudicative action within the 15‑calendar day processing time, USCIS refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition. If Your H-1B Petition Was Transferred If you received a transfer…Read More Breaking News

O1 Visa alternative to H1B

Many don't know that they might qualify for an O1 visa. O-1 Visa: Individuals with Extraordinary Ability or Achievement The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The O nonimmigrant classification is commonly referred to as: O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures…Read More Breaking News

DHS Announces Final Rule for a More Effective and Efficient H-1B Visa Program

Final Rule Effective Beginning April 1, 2019 WASHINGTON—The Department of Homeland Security (DHS) posted today for public inspection, a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The rule will be published in the Federal Register on Jan. 31, and…Read More Breaking News

USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium processing they may submit. H-1B visas provide employers with skilled workers for a wide range of specialty occupations. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If we do not take certain adjudicative…Read More Breaking News

Shah Peerally Law Review by Richard (EB2-NIW Candidate)

I was on a 12-month OPT after graduating with my masters degree in petroleum engineering. I landed a job with a State agency as a safety engineer with the goal of getting a 24-month STEM extension so I could have more time to figure out the next steps. Fast-forward to 11 months into my employment, I was told the State agency does not participate in E-verify, a critical component in getting the 24-mo extension. At this point, I was beyond panicking because my EAD was expiring in the next 60 days with no…Read More Breaking News

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

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

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 - www.peerallylaw.comRead 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

Self-Petition is Possible for Workers of Extraordinary Ability

EB1A is really a new term for something that has long been present in the United States. Unlike the typical immigrants, an EB1A is all about entering alone, a completely outside of the chain migration business – no family member or employer is involved; totally self-supporting, a self-sponsored green card category. The standard for EB1A is high and reserved for intending immigrants who are among the most capable and accomplished in their professional fields within the arts, sciences, education, business, and sports. It is their cutting-edge, groundbreaking, scholarly, and influential work that makes them the…Read More Breaking News

Guidance on Notice to, and Standing for, AC21 Beneficiaries about I-140 Approvals Being Revoked After Matter of V-S-G- Inc.

This is quite good news  regarding withdrawal and revocation of I-140. Based on the Matter of V-S-G Inc, USCIS will now inform both petitioners and beneficiaries on Notice of Intent to Revoke (NOIR) and Notice of Intent to Deny (NOID. However the beneficiaries will have to have duly filed an AC 21 supplement J. See complete memo below. Policy " On November 11, 2017, USCIS adopted as a matter of policy the AAO’s decision in Matter of V-S-G- Inc., which held that beneficiaries who have properly ported under AC21 are affected parties who…Read More Breaking News