From my Desk

Policy Memorandum – No RFEs or NOID and issuing of NTAs

In past two weeks, USCIS has released two significant policy memorandums that we discuss below. Policy Memorandum, July 13, 2018: The USCIS released Policy Memorandum, effective September 11, 2018 which provide “full discretion” to the adjudicators to deny any application, petition or request which are incomplete or ineligible. The adjudicating officers may not issue Request for Evidence (RFE) or Notice...

Immigration update

The immigration world is changing everyday with new headlines. We attempt to bring together some of the immigration updates that may impact us. H-4 EAD Rule: The Department of Homeland Security (DHS) has no update regarding H-4 EAD rule. Currently, new H-4 EAD applications and extensions are still being adjudicated as per the final rule effective since May 26, 2015....

List of questionnaires issued by FDNS

H-1B Questionnaire
The Fraud Detection and National Security (FDNS) has released a set of questionnaires referred to by the officers visiting the H-1B sites for inspection. These questionnaires will be especially helpful to employers who have beneficiaries deployed at client locations. The questionnaires are laid down in different sections: signatory representatives, H-1B Supervisors and the beneficiaries. The questionnaires also provide a document list for the H-1Bs. We advise our...

Accrual of Unlawful Presence and F, J or M nonimmigrant:

United States is drastically changing its stance on foreign students (F visas), exchange visitors (J nonimmigrant) or vocational students (M nonimmigrant). USCIS issued policy memorandum on May 10 and is effective from August 9, 2018.  The policy states that F, J and M nonimmigrants and their dependents will accrue unlawful presence, before August 9th, 2018, if they have failed to maintain...

What is the difference between Form N-565 and Form N-600 and their purpose:

To obtain a Certificate of Citizenship, USCIS provides Form N-565- or N-600. The purposes of each forms are different which we describe briefly below. Form N-565: Application for Replacement Naturalization/ Citizenship Document. This form is used to apply for replacement of US citizenship documents such as a Certificate of Naturalization or a Certificate of Citizenship. Purpose: A US citizen can file...

EB-1-1 and EB-1A Under scrutiny

In 2010, USCIS provided policy memorandum to guide Immigration Service Officers to adjudicate Form I-140, Immigrant Petition for Alien Worker for Aliens of Extraordinary Ability u/s 203(b)(1)(A), 203 (b)(1)(B) and Aliens of Exceptional Ability u/s 203 (b)(2) of INA.  This Memo firmly agrees with Kazarian v USCIS, 596 F.3d 1115 (9th Circuit 2010) and has followed the decision to...

What’s wrong with H-1B and specialty occupation?

The current issues of specialty occupation and how it is occupying the USCIS is visible in the Requests for evidence, Notice of Intent to Deny and denials using this as the reason for the adverse decision. What is this specialty occupation? Specialty occupation is what qualifies a company to petition for H1B status/visa for its specialized worker(s). Under INA § 214...

International Entrepreneur Rule and Immigration update:

Today we discuss the newly introduced International Entrepreneur Rule (IER) which will allow certain foreign entrepreneurs to be paroled in to the country and seek US investment to develop and grow start-up business. Although this rule was published during the previous administration’s tenure but it was delayed to keep this in line with the new administration’s Executive Order, Border...

Frightening Changes to the H-1B Extension Program?

Once again, President Trump’s “Buy American, Hire American” initiative is bringing upheaval to the nation’s immigrant population.  In this newest update, the Department of Homeland Security (DHS) is considering some new regulations that would impact extension petitions of H-1B workers. Under the current regulations, H-1B holders are given 6 years on their H-1B.  If they have a green card pending...

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