On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:
***Please note that you may not apply for employment authorization under the new H-4 rule until May 26, 2015***
USCIS recently published the revised Form I-765, Application for Employment Authorization with a 02/13/15, edition date. You can download the revised form and details about who may file and where to file Form I-765 from the USCIS forms page.
The revised Form I-765 contains the eligibility category (c)(26) for certain
REMINDER: Do NOT submit an application for employment authorization (Form I-765) before May 26, 2015. USCIS will not accept a Form I-765 requesting employment authorization based on your H-4 status until the H-4 rule takes effect on May 26, 2015. If you submit a Form I-765 requesting employment authorization on this basis before May 26, 2015, USCIS will reject and return your application with the filing fee. You would then need to re-submit the application on or after May 26, 2015.
We won this case for the applicant based on his exceptional research record evident by his numbers of publications and invited presentations. At the time of filing, the applicant's research work had been cited over 100 times which is indicative of the high-quality, highly regarded work that he does. Referees noted that this applicant was one of the very small percentage of scientists who achieve the highest level of success in their given field.
We won a case for National Interest Waiver for a Physician working in a medically underserved area. We provided a five year contract, copy of his J-1 Waiver approval, numerous experience letters, a letter from the Department of State and documentation to reflect statistics of health professional shortage in the area.
We won this case as the applicant was noted to be a critical component to the success of various projects and had a very large impact on the research program. Referees described this applicant's talents to be rare and difficult to replace by U.S. workers. Her original and pioneering research made her uniquely qualified to further this intrinsically important research which greatly effected the nation as a whole.
We won this case for the applicant who had over twelve years research and teaching experience. He was considered a critical component to the success of his current project. At the time of filing, the applicant had over 22 publications in prestigious, international scholarly journals. The applicant's significant contributions had been cited by other renowned researchers in his field. His Ph.D. work was highly regarded and noted to be admired by several leading experts.
This applicant had over twelve years of research experience. We noted the applicant's international reputation in the fourteen recommendation letters submitted. The applicant was a member of a prestigious professional society membership of which requires noted achievements in the field. We provided evidence of the extensive presentations the applicant made due to his level of expertise in the field.
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;
To: All SEVIS users
Date: May 6, 2015
Re: SEVIS I-901 Fee Fraud Alert
Number: 1505-03
Comments
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