DOL PERM and Prevailing Wage Determination Processing Times Updated
The processing times has been updated for PERM and NPWC. Please check the links below.
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Workload Transfer from the Vermont Service Center to the California Service Center
U.S. Citizenship and Immigration Services (USCIS) recently began transferring some extension of stay casework from the Vermont Service Center to the California Service Center to balance workloads. The affected casework includes the following form:
- I-129, Petition for a Nonimmigrant Worker, filed by an employer to extend the stay of an alien to perform services as an H-1B specialty occupation worker.
How You Will Be Affected
F-1 OPT Unpaid Employment Acceptable
We have won a series of cases where USCIS had earlier held that unpaid employment under OPT was legally unacceptable to maintain status. We have argued that such holding is contrary to all law, policy and precedence. Students are NOT required to engage in PAID employment. All these cases were won after we filed our briefs pursuant to Motions to Reopen (MTR).
FY 2013 Third Quarter for PERM,H-1B, H-2B and H-2A
FY 2013 Third Quarter for PERM,H-1B, H-2B and H-2A as of 06/15/1013
USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014
Release Date: March 25, 2014
Premium Processing for Cap-Subject Petitions to Begin by April 28, 2014
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered accepted on the date that USCIS receives a properly filed petition with the correct fee. USCIS will not rely on the date that the petition is postmarked.
USCIS Informs that Computer-generated Random Selection Process or Lottery for FY 2015 H-1B Completed
U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.
USCIS Reaches FY 2015 H-1B Cap
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.
USCIS Policy Memorandum On Adjudication Of H-1B Petitions For Nursing Occupations
USCIS policy memo provides guidance on Adjudication Of H-1B Petitions For Nursing Occupations. For detail please click on attached document
OFLC Updates YTD Statistics on H1-B Temporary Specialty Occupations Labor Condition Program
OFLC updates YTD statistics on H-1Bs number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage of applications timely processed.
How to enter the USA to start a business and then continue
Immigration.Com has received the following question, which I think is important enough to be answered in a format accessible to all the people abroad interested in starting a business in the USA.
The Question
I am planning to start an IT company in USA which is registered in India. Currently I am planning to travel on B1/B2 visa for my company set up. Can I transfer my visa status from B1/B2 to L1 if required within USA? What are the possible chances of success? Kindly you please suggest me the best way.
Effect of Changing Status from B-1/B-2 (Business or Visitors Visa)
USCIS Policy Alert - Nonimmigrant Trainees (H-3)
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on the trainees (H-3) nonimmigrant visa category.
DOL Updates Program Fact Sheet of 4th Quarter of FY 2014 as of 08/31/2014
The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2014 Q4 TD selected statistics for the Permanent Labor Certification Program, Prevailing Wage Determination Program, H-1B Temporary Visa Program,
F-1 Visa
We were approached by the parents of an applicant whose application for an F-1 visa had been denied based on Section 214(b) of the Immigration and Nationality Act (possible immigrant).Normally, we would have not been able to do much. But in this case, the visa applicant had already visited USA three times in the past and left in time.While it was true that her entire family lived in USA, the fact remained that she had never violated any US laws, despite having an opportunity to do so. We filed for reconsideration.
Status
F-1 visa granted.
Nonimmigrant Visas
NPWC Processing Times (as of 10/08/2014)
|
Processing Queue |
Request Date |
Status* |
|
H-1B H-2B |
September - 2014 September - 2014 |
Current Current |
|
PERM |
August - 2014 |
Green Card
Immigration Law
Guestbook Entry for Rohit Agarwal, United States
Name
Rohit Agarwal
Country
United States
State
PENNSYLVANIA
H-1B Filing Tips and Religious Workers Engagement
- USCIS Releases PowerPoint with H-1B filing tips provided during the 10/9/14 USCIS teleconference with CSC and VSC. The first session, from 11-11:45 a.m., focused on H-1B filing tips. The second session, from 11:45 a.m. - 12:30 p.m., focused on eligibility requirements for religious workers. Click the link below for deatil information:
Executive Actions on Immigration - USCIS
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
Obama's Immigration Action, Discussion with Attorney Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
Guestbook Entry for Praveen Kumar, United States
Name
Praveen Kumar
Country
United States
State
CA
USCIS Announces 68 Countries Eligible to Participate in the H-2A and H-2B Visa Programs
USCIS and the Department of Homeland Security, in consultation with the Department of State, has added the Czech Republic, Denmark, Madagascar, Portugal, and Sweden to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year. The notice listing the 68 eligible countries published on Dec. 16, 2014 in the Federal Register.
Dec 18, 2014 Free US Immigration Community Conference Call with Attorney Rajiv S. Khanna (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Immigration Law
Substantial transcription for video
We discussed: Working concurrently with H-1 cap exempt and quota employers, immigration issues if we have a special needs (cerebral palsy) child, applied B-2 to main status while F-1 is expiring, Section 245(k) and illegal work, DETAILED DISCUSSION OF I-140 REVOCATION IMPLICATIONS INCLUDING AC21, impact on H-1 of reentry on advance parole, Section 13 green card for diplomats, who can co-sponsor affidavit of support I-864, proving cross chargeability, transfer of priority dates for a future job approval