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Rajiv S. Khanna's Blog: Adjustment of status, transferring the basis of I-485 clarifications

On January 21, 2022, USCIS published the following information on its website, which we have edited to provide clarifying remarks:

You may be eligible to request to transfer the underlying basis of your Form I-485, Application to Register Permanent Residence or Adjust Status, to a different employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers. USCIS may, in its discretion, grant a transfer request, if:

FY 2023 H-1B Cap Initial Registration Period Opens on March 1

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U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the online H-1B registration system.

USCIS Provides Clarifying Guidance for O-1 Petitions with a Focus on STEM Fields

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U.S. Citizenship and Immigration Services today issued policy guidance clarifying how it evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on petitions filed for individuals in science, technology, engineering, or math (STEM) fields, as well as how USCIS determines whether an O-1 beneficiary’s prospective work is within their area of extraordinary ability or achievement.

USCIS Updates Guidance on National Interest Waivers

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U.S. Citizenship and Immigration Services today announced updated guidance on adjudicating requests for “National Interest Waivers” regarding job offer and labor certification requirements for certain advanced degree professionals and individuals of exceptional ability. This includes discussing the unique considerations for persons with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs.

USCIS Provides Clarifying Guidance on O-1 Nonimmigrants in Arts vs. Motion Picture and Television

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U.S. Citizenship and Immigration Services announced clarifying guidance on how USCIS determines whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both.

Immigration Help Available to Those Affected by Natural Disasters and Other Unforeseen Circumstances

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USCIS is reminding the public that they offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the Marshall fire in Colorado. 

The following measures may be available on a case-by-case basis upon request: