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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.
USCIS Forms Update Notice
USCIS recently updated the following form(s):
Form I-129, Petition for a Nonimmigrant Worker
05/31/2022 04:01 PM EDT
Edition Date: 05/31/22. USCIS will also accept the 03/10/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Form I-539, Application to Extend/Change Nonimmigrant Status
05/31/2022 03:17 PM EDT
Guestbook Entry for Suneel Allareddy, United States
USCIS Releases New Forms for Immigrant Investor Program
Release Date
06/02/2022
U.S. Citizenship and Immigration Services has released two new forms under the EB-5 Reform and Integrity Act of 2022, which revised INA 203(b)(5).
The new forms are:
PERM Processing Times (as of 5/31/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | November 2021 |
| Audit Review | September 2021 |
| Reconsideration Request to the CO | January 2022 |
Agency
Green Card
Immigration Law
USCIS Updates Public Charge Resources Webpage to Provide Information on the Public Charge Ground of Inadmissibility and Public Benefits Available to Noncitizens
Release Date
06/03/2022
U.S. Citizenship and Immigration Services has updated the public charge resources webpage with more information to help reduce undue fear and confusion among immigrants and their families, including U.S. citizens and their children, that may prevent them from obtaining access to critical government services available to them.
USCIS Issuing Corrected Form I-765 Receipt Notices
Between May 4 and June 2, 2022, USCIS issued certain I-765 receipt notices with incorrect information.
Visa Bulletin For July 2022
Number 67
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during July 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.
Agency
Green Card
Immigration Law
Rajiv's Article - Can you sue the US government if your immigration process is delayed?
Published by: The Economic Times - Date: June 13, 2022
Synopsis
Fundamentally, is litigation against delays in the immigration process a viable option in your case? The answer is perhaps it is, but be mindful of the relevant factors, including the uncertainty of the outcome and expenses involved.
For more on this article please see the attachment below.
Recording of June 9, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
FAQs: Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling || Green card application for parents during tourist visa || How are PERM minimum job requirements determined? || Extending or Renewing F-1 student visa risks and requirements || Various Interfiling Issues ||
Recording of June 23, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics:
Employment-based Adjustment of Status Applicants: Send in Your Medical Forms ASAP for More Efficient Processing
U.S. Citizenship and Immigration Services (USCIS) plays a significant role in the processing of employment-based visas, and USCIS wants to ensure the center uses as many available visas as possible in fiscal year (FY) 2022, which ends on Sept. 30, 2022.
DHS Announces Expansion of Citizenship and Integration Grant Program and Open Application Period
Release Date
06/27/2022
WASHINGTON— The Department of Homeland Security (DHS) announced the open application period for the Citizenship and Integration Grant Program, which provides funding for citizenship preparation programs in communities across the country. The program will provide up to $20 million in grants, an increase from $10 million in funding last year.
June 16, 2022, Rajiv in QnA with Yudi on behalf of students and young professionals
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
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:
Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
NIW I-485 rejected: Refiling options and priority date usage?
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
H-1B Quota 2025
We recommend that the H-1B lottery registration process should be planned and initiated now to ensure that it is ready to be submitted once the registrations open from noon Eastern on March 7, 2025 through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
Recording for February 06, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
FAQs:
1. Laid off on EAD from EB1A, can I start an UNRELATED teaching business?
2. Can I travel on Advance Parole?
3. Can I delay using an H-1B visa to utilize the STEM extension period?
4. H-1B specialty occupation for MS in UX Design (STEM)