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STEM OPT Employed with Startups - A Special Case

1 year ago By Rajiv S. Khanna

For international students on an F-1 visa in the United States, the STEM OPT extension program provides an opportunity to gain valuable work experience after graduation while extending their stay in the US for a chance of an H-1B lottery win. Concomitantly, the program is invaluable for US employers in facilitating access to well-qualified workers, most with graduate degrees.

USCIS Issues Policy Guidance on “Ability to Pay” Requirement When Adjustment of Status Applicants Change Employers

1 year ago By Chief Editor

Release Date 

01/05/2024

U.S. Citizenship and Immigration Services today issued policy guidance (PDF, 322.3 KB) on how USCIS analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications, including instances when the sponsored worker is changing employers. 

Recording for January 4, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, January 04, 2024

FAQ: Holding two full-time IT jobs on H-4 EAD || Transitions From H-1B job loss to B-2 status and impact on future H-1B employment || NIW Criteria || H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer

Updated USCIS Forms

1 year ago By Chief Editor

USCIS recently updated the following form(s):

Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)

08/31/2021 10:46 AM EDT

Edition Date: 08/31/21 E. USCIS will also accept the 08/31/21 edition. You can find the edition date at the bottom of the page on the form and instructions.

Form I-690, Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act

Visa Bulletin For February 2024

1 year ago By Chief Editor

Number 86

Volume X

Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during February 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

USCIS to Launch Organizational Accounts, Enabling Online Collaboration and Submission of H-1B Registrations

1 year ago By Chief Editor

Release Date 

01/12/2024

Will Also Introduce Online Filing for I-129 H-1B Petitions and H-1B I-907 Premium Processing Service 

WASHINGTON—U.S. Citizenship and Immigration Services today announced the upcoming launch of a package of customer experience improvements for H-1B cap season. The measures are expected to increase efficiency and ease collaboration for organizations and their legal representatives.

Recording for January 18, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse

USCIS Forms Update Notice

1 year ago By Chief Editor

Recently updated USCIS forms:

Form I-942, Request for Reduced Fee

12/20/2023 12:51 PM EST

Edition Date: 12/20/23. Starting March 25, USCIS will only accept the 12/20/23 edition. Until then, you can also use the 12/02/21 and 02/13/19 editions. You can find the edition date at the bottom of the page on the form and instructions.

Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA))

USCIS Updates Guidance on Untimely Filed Extension of Stay and Change of Status Requests

1 year ago By Chief Editor

Release Date 

01/24/2024

U.S. Citizenship and Immigration Services today announced an update to its Policy Manual providing that USCIS, in discretion and under certain conditions, may excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner.

USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees

1 year ago By Chief Editor

Release Date 

01/30/2024

WASHINGTON – Today, U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. The final rule will allow USCIS to recover a greater share of its operating costs and support more timely processing of new applications.

USCIS Assists in Investigation Leading to Conviction of Indian Citizen for Submitting Fraudulent Immigration Application

7 months ago By Chief Editor

Release Date 

05/05/2025

BURLINGTON, Vt. – U.S. Citizenship and Immigration Services provided valuable assistance to the investigation that led to the conviction of an Indian citizen for submitting a fraudulent immigration application.

Recording for May 01, 2025, Conference Call with Rajiv S. Khanna

7 months ago By Chief Editor

Agency

Nonimmigrant Visas

Immigration Law

Green Card

FAQs:

Immigration impact of past criminal law allegations - Will a reduced traffic misdemeanor affect my US visa application? || Immigration impact of past omission or errors in Form DS-160 or other government forms || Immigration impact of prior dismissed Domestic Violence case ||



Visa Bulletin For June 2025

6 months ago By Chief Editor

Number 3

Volume XI

Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during June 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

Immigration impact of past criminal law allegations - Will a reduced traffic misdemeanor affect my US visa application?

7 months ago By Chief Editor
Question details

I was involved in a car accident 2 years ago and got a traffic misdemeanor ticket that was reduced to illegal parking and 200$ fine from court. There was No Arrest & No Hearing. Given the current crisis, I would like to know whether it will impact my visa or immigration cases. If yes, how can we avoid those problems?

Related FAQs:

FAQ: Immigration impact of past omission or errors in Form DS-160 or other government forms.

I am a mechanical engineering PhD student in PA on an F1 visa from a ROW, with no travel ban. Came to the US in Dec 20XX.

When applying F1, made a mistake in DS-160, said i never applied to immigrant visa before though I had applied to DV (DV rejected). I only said so without realizing DV is also called an immigrant visa (I thought it was company sponsor, marriage, etc.); it was an innocent mistake. I realized it last week in an immigration seminar at uni. I also applied for DV after arriving in the USA.

I-20 ends in 12/20XX, F1 ends in 11/20XX, and the passport ends in 2032. Will travel be an issue before 11/20? How likely is it that a random check will reveal this mistake without traveling? I'll tell the truth when asked, but what are the consequences? What can I do?

For OPT, STEM OPT, or if I need extra PhD time and graduate in 2028, will it be a problem if I extend the I-20 duration? Or if I switch to another US uni next semester?

NIW prepared DIY, ready to file, but unsure because it is an immigrant visa, similar to DV. Wanna do PP, with approved I-140, can I get OPT or stem opt (before filing 485)? Should I go home for a visa extension, or can Mexico/Canada do it?

FAQ: Immigration impact of prior dismissed Domestic Violence case

I had a domestic violence case 5 years ago, which was dismissed. With the new government now and the news about visa denials and deportations, can you please tell me your thoughts on if there will be any problems with my stamping even if I get the stamping done successfully, will there be challenges entering into the US in the port of entry?

Or there are no changes in how visa processing is handled for people with dismissed domestic violence cases. Thank you for your guidance.

 

FAQ Transcript

Minor past infractions, even those reduced to non-criminal violations like illegal parking, are causing concern for visa applicants. Here's a breakdown:

  • Non-immigrant visas (B1/B2, F/J): These are the most vulnerable. Even minor issues can be raised during visa stamping due to a shift in the US government's stance, though denial based on a reduced traffic misdemeanor is unlikely. The impact on already issued visas is still unclear and is being litigated.
  • Work visas (H, L, E): These are less likely to be affected by minor past incidents.
  • Green cards: Generally, only more serious issues, like drug convictions or multiple convictions, pose a problem.
  • Citizenship: Good moral character is required, but incidents outside the 5 years preceding the application usually aren't a major concern, and rehabilitation can be a factor.

Regarding the specific question about a traffic misdemeanor reduced to illegal parking with a fine:

  • Immigration impact: It should not impact your immigration status (deportability/inadmissibility).
  • Visa impact: While the government might cause a delay during stamping, they should not deny your visa based on this.

Crucially, it is recommended to consult with a lawyer specializing in deportation/removal defense (with at least 10-15 years of experience) in the state where the incident occurred to understand the specific potential impact on your case. Dismissals can sometimes have immigration consequences even if they aren't criminal convictions.

 

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