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Another attack on H-1 and L-1 visas. Raised fees

15 years ago By Rajiv S. Khanna

H.R. 6080 has been passed and is expected to be signed by the President today, 13 August 2010. This Bill raises The H-1B and L-1 application filing fees (fraud prevention and detection) by $2,000 for companies with 50 or more employees in USA if more than 50% of the employees are on H/L status. The fees are to be effective upon enactment (when the President signs and USCIS can implement) and will end on September 30, 2014.

The Bill states:

From H-4 to F-1

16 years ago By Rajiv S. Khanna

Some questions from the community:

I have been on H-4 for almost 3 yrs now, and starting my MS in Spring 09 (on H4 status itself). But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:

a. If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school ?

No. An I-539 is used if you want to change status within USA.

b. How long should I be on F-1 before when I will be eligible to apply for OPT and work using the same?

USCIS explains its types of site visits

16 years ago By Rajiv S. Khanna

USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:

1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits  usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.

National Hockey League (NHL) and Vermont Service Center Meeting

11 years ago By Chief Editor

The National Hockey League (NHL) requested USCIS to hold a teleconference during its annual conference. During that teleconference, NHL counsel posed several questions to USCIS. The question and answers are provided below (see attachment) for the benefit of interested stakeholders.In order to avoid repetition in the answers, USCIS notes that it stated several times that each petition mustestablish visa eligibility on its own merits. The Vermont Service Center (VSC) does not maintain acentral document depository for O and P nonimmigrant visa petitions.

Recording of Community Conference (Every Other Thursday) 2015, April 16

10 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And  Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.

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Recording of Community Conference (Every Other Thursday) 2015, April 30

10 years ago By admin

Profession/Occupation

Nonimmigrant Visas

Green Card

Substantial transcription for video

FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;

Please sign PETITION FOR REISSUANCE within the usa of H-1, F-1, and other NONIMMIGRANT VISAS

13 years ago By Rajiv S. Khanna

I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.

Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers

3 months ago By Chief Editor

Release Date

10/20/2025

On September 19, 2025, the President issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, an important initial step to reform the H-1B nonimmigrant visa program. Under the Proclamation, new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025 must be accompanied by an additional $100,000 payment as a condition of eligibility.

Rajiv's Comments in The Times of India - USCIS exempts F-1 to H-1B status change from the $100,000 fee, easing concerns for Indian students

3 months ago By Chief Editor

Published by: The Times of India -  October 21, 2025
https://timesofindia.indiatimes.com/world/us/uscis-exempts-f-1-to-h-1b-…

Quotes and Excerpts from Rajiv in the article:

USCIS Increases Screening, Vetting of Aliens Working in U.S.

2 months ago By Chief Editor

Release Date

12/04/2025

Maximum validity periods of some Employment Authorization Documents will be reduced

WASHINGTON – U.S. Citizenship and Immigration Services updated its Policy Manual to reduce the maximum validity period for Employment Authorization Documents (EAD) for certain categories of aliens. This update also incorporates changes to EAD validity periods made by recent legislation to ensure proper vetting and screening of aliens.

Announcement of Expanded Screening and Vetting for H-1B and Dependent H-4 Visa Applicants

2 months ago By Chief Editor

Last Updated: December 3, 2025

As of December 15, the Department will expand the requirement that an online presence review be conducted for all H-1B applicants and their dependents, in addition to the students and exchange visitors already subject to this review. To facilitate this vetting, all applicants for H-1B and their dependents (H-4), F, M, and J nonimmigrant visas are instructed to adjust the privacy settings on all of their social media profiles to “public.”

Rajiv's Comments in The Times of India - US to scan social media of all H-1B, H-4 visa applicants from December 15

2 months ago By Chief Editor

Published by: The Times of India - December 04, 2025
https://timesofindia.indiatimes.com/world/us/us-to-scan-social-media-of…

Quotes and Excerpts from Rajiv in the article:

Rajiv S. Khanna, managing attorney at Immigration.com expressed dismay that a country which professes to be a shining beacon of free speech does not appreciate it.

Making America Safe Again: U.S. Citizenship and Immigration Services End-of-Year Review Demonstrates Impact of Rigorous Immigration Crackdown

1 month ago By Chief Editor

Release Date

12/22/2025

Under the leadership of Secretary of Homeland Security Kristi Noem and USCIS Director Joseph Edlow, the agency has enhanced immigration screening and vetting protocols to protect communities and national security and has advanced immigration policies that put the national interest first.

Rajiv's Comments in The Times of India - US visa holders face new uncertainty as ‘prudential’ revocations spike; anxiety looms large across Indian diaspora

1 month ago By Chief Editor

Published by: The Times of India - December 25, 2025
https://timesofindia.indiatimes.com/world/us/us-visa-holders-face-new-uncertainty-as-prudential-revocations-spike-anxiety-looms-large-across-indian-diaspora/articleshow/126175668.cms

Quotes and Excerpts from Rajiv in the article:

Rajiv's Comments in The Times of India - Mass visa chaos: H-1B families stranded in India for months after US consulates cancel interviews

1 month ago By Chief Editor

Published by: The Times of India - December 12, 2025
https://timesofindia.indiatimes.com/india/mass-visa-chaos-h-1b-families-stranded-in-india-for-months-after-us-consulates-cancel-interviews/articleshow/125910898.cms#

Quotes and Excerpts from Rajiv in the article:

DHS Changes Process for Awarding H-1B Work Visas to Better Protect American Workers

1 month ago By Chief Editor

Release Date

12/23/2025

WASHINGTON – The Department of Homeland Security is amending regulations governing the H-1B work visa selection process to prioritize the allocation of visas to higher-skilled and higher-paid aliens to better protect the wages, working conditions, and job opportunities for American workers. The new rule replaces the random lottery for selecting visa recipients with a process that gives greater weight to those with higher skills. 

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