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H-1B: Person in Specialty Occupation
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
Oct 31, 2019 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
Discussion Topics:
H-4 to F-1 status change || Employer-sponsored EB1A || Portability under 221(g) || Expedite EAD request on Financial Hardship || Multiple H-4 processing in parallel for dependent along with Primary dependent H-1 Visa || H-1B Transfer issues
Guestbook Entry for Sridhar Kathera, United States
Rajiv's News Clips - Seven US tech firms were among the top ten recipients of fresh H-1B visas in 2019
Published by : ETtech From the Economic Times - Article by: Ayan Pramanik & Priyanka Sangani - Date: November 05, 2019
Quotes and Excerpts from Rajiv on the article:
USCIS Assists in Case Where Federal Grand Jury Indicts Lawyer and Accountant in Visa Fraud Scheme to Obtain LPR Status for South Korean Nationals
LOS ANGELES – A federal grand jury has indicted two men in a scheme to obtain lawful permanent resident status for South Korean nationals by submitting fraudulent visa applications that falsely claimed American businesses wanted to hire skilled foreign workers.
USCIS Implements $10 Fee for H-1B Visa Registration
WASHINGTON—U.S. Citizenship and Immigration Services today announced a final rule that will require a $10 non-refundable fee for each H-1B registration submitted by petitioning employers, once it implements the electronic registration system. The registration fee is part of an agency-wide effort to modernize and more efficiently process applications to live or work in the United States.
PERM Processing Times (as of 9/30/2019)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | July 2019 |
| Audit Review | February 2019 |
| Reconsideration Request to the CO | May 2019 |
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Immigration Law
USCIS Proposes to Adjust Fees to Meet Operational Needs
WASHINGTON – The Department of Homeland Security will publish a notice of proposed rulemaking in the Federal Register to adjust the U.S. Citizenship and Immigration Services Immigration Examinations Fee Account fee schedule.
USCIS to Deter Frivolous or Fraudulent Asylum Seekers from Obtaining Work Authorizations
WASHINGTON—U.S. Citizenship and Immigration Services today announced a proposed rule to deter aliens from illegally entering the United States and from filing frivolous, fraudulent or otherwise non-meritorious asylum applications in order to obtain employment authorization.
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
H-4 Visa Spouse & Children
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
Guestbook Entry for Praveen Mathew, United States
USCIS Memo on Additions of Adjudication of Form I-751
USCIS memo provides guidance to USCIS Immigration Services Officers (ISOs) on the adjudication of 1-751 petitions filed by a conditional permanent resident (CPR) who is the subject of a final order of removal, is in removal proceedings, has filed untimely, or has filed multiple petitions.
ICE Releases Secure Communities Standard Operating Procedures
ICE released the 2009 ICE Secure Communities Standard Operating Procedures document for Secure Communities, an initiative making the removal of aliens convicted of serious criminal offenses from the US a priority. This document describes processes that enable the routing of response messages to the FBI and State Identification Bureaus to confirm identity and immigration status during incarceration booking.
USCIS Launches Informational Video on the SAVE Program
U.S. Citizenship and Immigration Services (USCIS) posted an informational video on its Web site that provides an overview of the agency’s Systematic Alien Verification for Entitlements (SAVE) program.
Another H1B Approval After a Period of being out of status and unlawfully present
We were recently retained by an employer whose employee fell out of status due to an omissions by the former counsel. Prior to the employee’s H1B expiration date, the employer tried to file an H1B extension. The employer’s former Counsel utilized an obsolete and inappropriate wage source when filing the LCA. This wage amount was also not representative of what the employee was earning. As a result, the employer had to withdraw the LCA. This circumstance resulted in an untimely filing of the employer’s H1B application and the employee’s status expiring due to no fault of his own.
Nonimmigrant Visas
Profession/Occupation
Guestbook Entry for Amit Gupta, United States
Visa Bulletin - December 2009
Visa Bulletin
Number 15
Volume XI
Washington, D.C.
VISA BULLETIN FOR DECEMBER 2009
A. STATUTORY NUMBERS
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Expiration of the H-1C Nursing Relief for Disadvantaged Areas Reauthorization Act (NRDAA) of 2005
Effective December 21, 2009, the Nursing Relief for Disadvantaged Areas Reauthorization Act will sunset. The Nursing Relief for Disadvantage Areas Act (NRDAA) established the H-1C Program in 1999 to reduce the shortage of qualified nurses in health professional shortage areas. The Program was reauthorized until December 20, 2009 under the Nursing Relief for Disadvantage Areas Reauthorization Act of 2005 which became effective in December 20, 2006.
USCIS Extends Grace Period for Accepting Previous Version of G-28 Form
U.S. Citizenship and Immigration Services (USCIS) announced that the previous version of the Notice of Entry of Appearance as Attorney or Representative (Form G-28) will be accepted until further notice.
USCIS Temporarily Accepts H-1B Petitions Without DOL Certified LCA
U.S. Citizenship and Immigration Services (USCIS) is announcing a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL).
Extension of the H-2A Transition Period Procedures
The Department has sent to the Federal Register an Interim Final Rule (IFR) extending the transition period application filing procedures implemented under the December 2008 H-2A Final Rule. The application filing procedures under the extended transition period apply to all employers with dates of need before June 1, 2010. To read the IFR please click here.