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Guestbook Entry for Sudhakar Madduri , United States
Guestbook Entry for Praveen Kotha , United States
Guestbook Entry for Abdel-Moneim Attia , United States
Guestbook Entry for Nagarjuna Rao Chakka , United States
Guestbook Entry for Mangal Nagarkar, United States
Major H-1B Victory for the IT (and Consulting) Industry Against the USCIS - ITSERVE ALLIANCE, INC. Lawsuit
On 10 March 2020, a Washington DC Federal Court overturned the USCIS highly restrictive
standards applied to the consulting industry. This decision has a major positive impact on the IT
industry.
Judge Rosemary M. Collyer held that the USCIS must not administer justice through random
memoranda and must, if it wishes to change the regulations, do so through a formal process. In
fact, the USCIS seems to have illegally targeted the IT industry (“special treatment”):
USCIS Expands Flexibility for Responding to USCIS Requests
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This alert clarifies that this flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion.
USCIS to Continue Processing Applications for Employment Authorization Extension Requests Despite Application Support Center Closures
U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities regarding the agency’s ability to reuse previously submitted biometrics.
H-1B Initial Electronic Registration Selection Process Completed
USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). USCIS randomly selected from among the registrations properly submitted. USCIS intends to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
USCIS Announces Flexibility for Requests for Evidence, Notices of Intent to Deny
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions Due to the Coronavirus Pandemic
Alert: While premium processing is suspended, petitioners may submit a request to expedite their petition if it meets the criteria on the Expedite Criteria webpage. It is the petitioner’s responsibility to demonstrate that they meet at least one of the expedite criteria. All expedite requests will be reviewed on a case-by-case basis and requests granted at the discretion of USCIS office leadership.
USCIS Announces Flexibility in Submitting Required Signatures During COVID-19 National Emergency
U.S. Citizenship and Immigration Services today announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, USCIS will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and beyond.
March 5, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Immigration Law
Green Card
Discussion Topics, Thursday, 5 March 2020
FAQ: Denial of a tourist/visitors/B visa 214(b) ||citizenship/naturalization trips of more than six months abroad || Time of stay and definition of a manager/executive employee for L-1A and EB-1C ||Transfer of H-1B while extension is pending ||What to do after an H-1B (or L-1) denial? ||Work duration and damages contracts under H-1B ||I do not have my final degree/diploma certificate/what should I do?
OTHER: Scheduling green card interview in a third country consulate || multiple H-4 extensions simultaneously ||AR-11 change of address filing, etc.,
March 19, Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, 19 March 2020
FAQ: EB-1C - What if my priority date does not become current before my L1A expiry? Should I file an H1B for safety? If I do, will I get moved from EB1 to EB2 ? Should my wife try for H1B ? Is there any maximum number of tries for H1B? If neither me nor my wife manage to get a H1B visa in the next 3 years, is it ok to exit the country and come back when EB1 priority date becomes current ? What visa will I come back with? || Loss of job/laid off during Covid/coronavirus times
OTHER: Moving from a cap exempt H-1B, extension etc. || Apply for an H-1B extension while another MTR is pending || Rejoining old employer after withdrawn I-140 || 60 days grace period for H-1B || Travel during EAD/AP renewal || H-1B transfer or AC21?
EOIR Issues Fact Sheet on the Office of the Chief Administrative Hearing Officer (OCAHO)
Executive Office for Immigration Review of the DOJ issued a fact sheet on its Office of the Chief Administrative Hearing Officer (OCAHO). This office hears immigration cases related to employer sanctions, document fraud, unfair employment practices, and international marriage brokerage.
For detail information please check attachment.
E-3 Visas for Australian Citizens
We were retained by a corporate client to process several E-3 petitions for nationals of Australia. All of the visas were issued at the Australian consulates without any problem. One applicant has already entered the U.S is currently working on E-3 status. We have also submitted a petition for an E-3 amendment with USCIS, which was also approved without any issues.
Nonimmigrant Visas
Profession/Occupation
CIS Ombudsman Update to Resolve Pending Derivative Form I-485s Due to File Separation
This update will share information on current trends and issues to assist individuals and employers in resolving problems with USCIS.
FDNS (Fraud Detection and National Security) H-1B Investigations
FDNS H1B Assessment Overview and History:
Nonimmigrant Visas
Agency
Immigration Law
H-1B Benefit Fraud & Compliance Assessment
The Office of Fraud Detection and National Security (FDNS), a Division of the National Security and Records Verification (NSRV) Directorate, drafted this report, in collaboration with the other USCIS Directorates and the USCIS Office of Chief Counsel. All USCIS components reviewed the cases involving fraud or technical violations and the proposed enhancements to the H-1B program and concurred on the report.
For more information on this report please check the attachment.
Nonimmigrant Visas
Immigration Law
H-1B Program and Information Sharing with Homeland Security
This report from GAO describes: (1) how Labor carries out its H-1B program responsibilities; and (2) how Labor works with other agencies involved in the H-1B program.
Nonimmigrant Visas
Agency
Immigration Law
Review of the USCIS Benefit Fraud Referral Process
The Department of Homeland Security (DHS) Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107-296) by amendment to the Inspector General Act of 1978.
This report addresses the Fraud Detection and National Security program of United States Citizenship and Immigration Services. The program endeavors to detect and deter immigration benefit fraud. This report is based on interviews with employees and officials of relevant agencies and institutions, direct observations, and a review of applicable documents.
Nonimmigrant Visas
Agency
Immigration Law
CIS Fraud Sheet
This document was released by USCIS by mistake in March 2009 and contains the criteria USCIS uses to refer cases for fraud investigations.