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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.
ACICS Loss of Recognition May Affect Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs, H-1B, and I-140 Applicants
Release Date
11/01/2022
On Aug. 19, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:
PERM Processing Times (as of 10/31/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | February 2022 |
| Audit Review | December 2021 |
| Reconsideration Request to the CO | May 2022 |
Agency
Green Card
Immigration Law
USCIS Announces Online Filing for Affirmative Asylum Applications
Release Date
11/09/2022
WASHINGTON—U.S. Citizenship and Immigration Services announced today that Form I-589, Application for Asylum and for Withholding of Removal, is available to file online for certain affirmative asylum applicants. USCIS continues to accept the latest paper version of this form by mail.
What happens if I get laid off while holding a work visa (H-1B, L-1, etc.)?
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Nonimmigrant Visas
Immigration Law
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.
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
Conversation Between Rajiv S. Khanna And Kim Tignor (Executive Director - The Institute for Intellectual Property & Social Justice)
Published in the December 2022 issue of ALI CLE’s The Practical Lawyer
This article is part of the continuing series of interviews between Rajiv S. Khanna, principal of The Law Offices of Rajiv S. Khanna, PC, (www.Immigration.Com), and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
Visa Bulletin For December 2022
Number 72
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during December for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
USCIS Forms Update Notice
USCIS recently updated the following form(s):
Form I-131A, Application for Travel Document (Carrier Documentation)
11/02/2022 12:27 PM EDT
Edition Date: 11/02/22. Starting Jan. 18, 2023, USCIS will only accept the 11/02/22 edition. Until then, you can also use the 02/13/19 edition. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit Forms Updates page.
Guestbook Entry for ABHISHEK SINGH, United States
Green Card for an American Indian Born in Canada
American Indians born in Canada (with at least 50% American Indian blood) cannot be denied admission to the United States. However, a record of admission for permanent residence will be created if an American Indian born in Canada wishes to reside permanently in the United States.
USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses
U.S. Citizenship and Immigration Services (USCIS) is publishing a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the statutory visa cap.
Guestbook Entry for Renata Sagdetdinova, United States
New Filing Location for Change of Address Form
Beginning April 1, 2011 all Change of Address, (Form AR-11) and Alien’s Change of Address, (Form AR-11 SR) will change filing location to this address.
DHS/USCIS
Harrisonburg File Storage Facility
Attn: AR-11
1344 Pleasants Drive
Harrisonburg, VA 22801
Change of address forms mailed to the old location will be forwarded to the new filing location for 45 days beginning April 1, 2011 until May 16, 2011.
Cases Processed in Delayed Immediate Relative Petitions, (Form I-130) at Texas Service Center
On February 8, USCIS posted a notification regarding the delay in processing approximately 36,000 immediate relative petitions that were transferred from the California Service Center to the Texas Service Center. In that notification, we advised that some cases were transferred back to our California Service Center to take advantage of currently available resources. We also committed to providing you with updates on our progress.