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H-1B: Person in Specialty Occupation
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
Guestbook Entry for Cyrus Janumala, United States
Interim EAD Issuance at Newark & Cherry Hill, NJ
was there early in the morning 6am, entered line in orchard st taken inside at 8.00am, to 2nd floor office
- iEAD applications must have a duplicate application prepared with documents. they check before you get in
- make sure you have an address in NJ, they ask proof of residence in NJ to issue your documents, bring DL, utility bill etc to prove that.
- got the card the same day for 8 months,
- they lost our documents, then found them in the 3'rd office where your pictures will be taken
Taxonomy upgrade extras
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
H-4 Visa Spouse & Children
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
USCIS Response to Preliminary Injunction of Fee Rule
Release Date 09/30/2020
WASHINGTON-U.S. Citizenship and Immigration Services Deputy Director of Policy Joseph Edlow issued the following statement in response to the U.S. District Court for the Northern District of California issuing a nationwide preliminary injunction enjoining fee increases for citizenship and other immigration benefits.
Rajiv's News Clips - US to allow faster processing for certain categories of visas and green card - The Economic Times
Published by : The Economic Times - Date: October 01, 2020
Quotes and Excerpts from Rajiv on the article:
“While the inclusions are welcome, the guarantee is not for a final approval or denial but their decision making the first time around,” said Rajiv S Khanna, managing attorney at immigration.com. “They often send back a request for evidence and after we respond, they have another 30 days to respond,” he said.
DHS Proposes Rule to Strengthen Affidavit of Support Process
Release Date 10/01/2020
Proposal enforces long-standing law and protects American taxpayers
USCIS 2020 Fee Rule Preliminary Injunction
On Sept. 29, 2020, the U.S. District Court for the Northern District of California, in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule.
While the rule is preliminarily enjoined, USCIS will continue to:
Rajiv's News Clips - US court blocks Trump ban on H-1B, L-1 visas - The Economic Times
Published by : The Economic Times - Date: October 02, 2020
Quotes and Excerpts from Rajiv on the article:
“The reasoning behind the preliminary injunction is sound. The court found that the President was trying to change immigration law from the White House, over obeying the law as it is written by the legislature,” said Rajiv S Khanna, managing attorney at immigration.com.
USCIS Issues Policy Guidance Regarding Inadmissibility Based on Membership in a Totalitarian Party
Release Date 10/02/2020
On Oct. 2, USCIS issued policy guidance in the USCIS Policy Manual to address inadmissibility based on membership in or affiliation with the Communist Party or any other totalitarian party. Membership in or affiliation with the Communist Party or any other totalitarian party is inconsistent and incompatible with the Naturalization Oath of Allegiance to the United States of America, which includes pledging to “support and defend the Constitution and laws of the United States.”
October 1, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Immigration Law
Green Card
FAQs: Green card and other options for parents of US citizens || H-1B converting to H-4 and back to H-1B issues and options || H-1B and compelling circumstances EAD || How many years can I wait to file I-485 after priority date becomes current
OTHER: Two green cards processed simultaneously || Cap exempt H-1B || Impact of pay cut on H-1B and green card || Impact on priority of withdrawn I-140 || Travel to the USA during Covid-19 times || I-944 || School fee reimbursement from employer || Filing extension and change of status at the same time, etc.
USCIS Updates Policy Guidance Regarding Temporary Protected Status and Eligibility for Adjustment of Status
Release Date 10/06/2020
USCIS issued policy guidance in the USCIS Policy Manual clarifying whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). INA 245(a) requires an alien to have been inspected and admitted or inspected and paroled into the United States, unless exempt from this requirement.
Rajiv's Article - View: Trump’s Immigration - Destruction, not disruption - The Economic Times
Published by : The Economic Times - Date: October 14, 2020
By Rajiv Khanna
PERM Processing Times (as of 9/30/2020)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | April 2020 |
| Audit Review | December 2019 |
| Reconsideration Request to the CO | June 2020 |
Green Card
Immigration Law
AAO Processing Times (July - Sept 2020)
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 37.89% | 1842 | |
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 100% | 7 |
| I-129E2 | CNMI Treaty Investor | 75% | 4 |
| I-129F | Petition for Fiancée | 81.82% | 11 |
| I-129H1B | Nonimmigrant Specialty Occupation Worker |
Agency
Immigration Law
USCIS Forms Update
USCIS recently updated the following USCIS form(s):
Application for Civil Surgeon Designation
USCIS recently updated the following form:
Visa Bulletin - November 2020
Number 47
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during November 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
Rajiv's News Clips - Trump administration fires another bullet on H-1B program: Random lottery to be replaced with wagebased selection process - Times of India
Published by : The Times of India - Date: October 29, 2020
Quotes and Excerpts from Rajiv on the article:
“USCIS is proposing changes in the H-1B selection process so that the H-1B quota selection is made from the highest wage down. This looks more like an election stunt than regulations that are properly thought out,” Rajiv S. Khanna, Arlington based, 1/3 managing attorney at Immigration.com told TOI.
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: November 2020
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that: