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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.
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.
Lawsuit to freeze all immigration law deadlines
Our association, AILA, has filed a lawsuit against the USCIS today requesting the court to order the USCIS to freeze all immigration deadlines for:
Initial applications
Responses to all Requests for Evidence or other responses due on or after March 1, 2020
Requests for extension of status, maintenance of status
Reprieve from any expiration of status or employment authorization;
Maintaining the status quo for purposes of eligibility for protection from removal, work authorization,
USCIS Resumes Premium Processing for Certain Petitions
U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month.
Effective June 1, 2020, USCIS will accept Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions.
USCIS Begins Implementing New Interactive Voice Response Telephone System
USCIS is introducing a new interactive voice response (IVR) telephone system today for English and Spanish calls to the USCIS Contact Center. The new IVR system personalizes the caller’s experience by giving the caller the ability to:
USCIS Publishes Interim Final Rule Implementing the Northern Mariana Islands U.S. Workforce Act of 2018
Rule creates new requirements for CNMI employers to protect U.S. workers
DHS Offers Flexibilities to Increase Food Security, Stabilize U.S. Supply Chain During COVID-19
WASHINGTON—The Department of Homeland Security (DHS) has announced a temporary final rule to change certain H-2B requirements to help support the U.S. food supply chain, maintain essential infrastructure operations and reduce the impact from the coronavirus (COVID-19) public health emergency.
Military Personnel and Veterans Can Now File Their Form N-400, Naturalization Application, Online
WASHINGTON — U.S. Citizenship and Immigration Services today announced that U.S. service members and veterans can now file Form N-400, Application for Naturalization, online.
USCIS Extends Flexibility for Responding to Agency Requests
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30 to assist applicants and petitioners who are responding to certain:
USCIS Updates Policy on False Claims of U.S. Citizenship
Updates Align with Board of Immigration Appeals Decision and Statute
DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply
Department to Temporarily Amend Certain H-2A Requirements During COVID-19 National Emergency
Release Date: April 15, 2020
COVID-19 Delays in Extension/Change of Status Filings
The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. USCIS continues to carefully analyze these issues and to leverage the resources to effectively address these challenges within USCIS's existing authorities. DHS also continues to take action to protect the American people and communities, and is considering a number of policies and procedures to improve the employment opportunities of U.S. workers during this pandemic.
FY 2021 H-1B Cap Petitions May Be Filed as of April 1
WASHINGTON — U.S. Citizenship and Immigration Services today announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration.
A petitioner is only eligible to file an FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process and USCIS selected the registration submitted for the beneficiary through the random selection process.
April 2, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Immigration Law
Green Card
Discussion Topics, Thursday, 2 April 2020
FAQs related to Covid Caronavirus:
Loss of job while in AOS I-485 period || Question from Employers about Payroll for H-1B and others L-1, E, etc. employees || Extension of B-1-B2 (tourist visas or business visas) ||
H-1B employee furlough's impact on green card and H-1B || Converting to B-1 B-2 status || H-1B denial || Changing H-1B home office location ||
Other FAQs: Accepting Unemployment Payments on nonimmigrant visas (H-1B, L-1, E visas, etc.) and/or on green card || Applying for green card for parents who are visiting/in the USA || H-1B lottery winner employee change of employers
April 16, 2020, Recording of Free Community Conference Call (Every Other Thursday)
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
April 16 Call, Discussion Topics and FAQs
Applying for tourist, visitors, B-1, B-2 to maintain status || Effect of take over on L-1 || EB-1C International Managers/Executive Green Card portability || I-140 revocation || Aged out disabled children || Losing job after AOS I-485 interview || H1b visa holders during COVID
Canadians living in USA || False claim to US Citizenship || Joint affidavit of support || Expired green card || Impact of NOIR on approved H-1B ||Maintaing H-1B during AOS
April 30, 2020, Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Immigration Law
Green Card
FAQs:
-B-1/B-2 visitors visa extension
-Effect of immigration proclamation/executive order on green cards
-H-1B furlough or temporary lay off
-Implications of the 240 days grace period
-I-485 pending laid off/AC21/Supplement J
Other topics of discussion:
-Public charge rule
-H-1-H4-H4 EAD extension concurrently
May 14, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Immigration Law
FAQs:
- Covid Coronavirus: H-B during Covid, H-1B not sure if I am laid off, LCA/H-1B amendments, and travel during H-1B
- H-1B start own business or invest
- Promotion after getting the green card
- Extraordinary circumstance EAD
- Extension of tourist stay during Covid
- H-1B delayed entry
May 28, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Green Card
Discussion Topics, Thursday, 28 May 2020:
FAQ: Applying for I-485 through a past employer or through a new employer || L-1A moving back to home country with green card pending || Can green card be applied for an old job under the international manager EB1C category? || Applying for naturalization/citizenship under Trump administration || Effect on H-1B of working from outside the USA || Laid off while green card is pending
Other: Porting priority date from EB-2 two EB-1C as international manager || J-1 gap in status/O-1 visa || H-1 RFE converting to H-4 || Amendment or extension timing || Nunc pro tunc or consular processing of H-1B || H-4 extensions || OPT and CPT times || International adoption procedures || F-1 student working in the USA for a foreign company, etc.
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:
Got Approved Yesterday and I am waiting for the Oath Ceremony
Application Mailed: Sep. 30, 2008
Priority Date: Oct. 1, 2008
Finger Printing: Oct. 30, 2008
Interview: Jan 26, 2009.
Citizenship and Naturalization
Got Approved Today and I am Waiting for the Oath Ceremony
I'm on the west coast (California):
Application Mailed: Sep, 2008
Finger Printing: Oct, 2008
Interview: Jan, 2009
Here are a few things worth mentioning:
- Dont take your cell phone with you. One of the offices(fingerprints) didn't allow them at all. The other office wouldn't let me take my cell phone in as it had a camera on it.
Take all your old passports (as well as your current one) that include entry into the U.S since getting your green card.