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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.
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.
Lawsuit to freeze all immigration law deadlines
Our association, AILA, has filed a lawsuit against the USCIS today requesting the court to order the USCIS to freeze all immigration deadlines for:
Initial applications
Responses to all Requests for Evidence or other responses due on or after March 1, 2020
Requests for extension of status, maintenance of status
Reprieve from any expiration of status or employment authorization;
Maintaining the status quo for purposes of eligibility for protection from removal, work authorization,
USCIS Updates Policy on False Claims of U.S. Citizenship
Updates Align with Board of Immigration Appeals Decision and Statute
DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply
Department to Temporarily Amend Certain H-2A Requirements During COVID-19 National Emergency
Release Date: April 15, 2020
COVID-19 Delays in Extension/Change of Status Filings
The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. USCIS continues to carefully analyze these issues and to leverage the resources to effectively address these challenges within USCIS's existing authorities. DHS also continues to take action to protect the American people and communities, and is considering a number of policies and procedures to improve the employment opportunities of U.S. workers during this pandemic.
FY 2021 H-1B Cap Petitions May Be Filed as of April 1
WASHINGTON — U.S. Citizenship and Immigration Services today announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration.
A petitioner is only eligible to file an FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process and USCIS selected the registration submitted for the beneficiary through the random selection process.
April 2, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Immigration Law
Green Card
Discussion Topics, Thursday, 2 April 2020
FAQs related to Covid Caronavirus:
Loss of job while in AOS I-485 period || Question from Employers about Payroll for H-1B and others L-1, E, etc. employees || Extension of B-1-B2 (tourist visas or business visas) ||
H-1B employee furlough's impact on green card and H-1B || Converting to B-1 B-2 status || H-1B denial || Changing H-1B home office location ||
Other FAQs: Accepting Unemployment Payments on nonimmigrant visas (H-1B, L-1, E visas, etc.) and/or on green card || Applying for green card for parents who are visiting/in the USA || H-1B lottery winner employee change of employers
April 16, 2020, Recording of Free Community Conference Call (Every Other Thursday)
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
April 16 Call, Discussion Topics and FAQs
Applying for tourist, visitors, B-1, B-2 to maintain status || Effect of take over on L-1 || EB-1C International Managers/Executive Green Card portability || I-140 revocation || Aged out disabled children || Losing job after AOS I-485 interview || H1b visa holders during COVID
Canadians living in USA || False claim to US Citizenship || Joint affidavit of support || Expired green card || Impact of NOIR on approved H-1B ||Maintaing H-1B during AOS
April 30, 2020, Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Immigration Law
Green Card
FAQs:
-B-1/B-2 visitors visa extension
-Effect of immigration proclamation/executive order on green cards
-H-1B furlough or temporary lay off
-Implications of the 240 days grace period
-I-485 pending laid off/AC21/Supplement J
Other topics of discussion:
-Public charge rule
-H-1-H4-H4 EAD extension concurrently
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:
USCIS Launches Online Rescheduling of Biometrics Appointments
New tool provides option to reschedule a biometric services appointment online without calling the USCIS Contact Center
WASHINGTON—On June 28, U.S. Citizenship and Immigration Services launched a new self-service tool allowing benefit requestors, and their attorneys and accredited representatives, to reschedule most biometric services appointments before the date of the appointment.
June 30, 2023, Rajiv in QnA on behalf of students and young professionals
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
Blog: http://www.immigration.com/blogs
LinkedIn Community Audio Event - Immigration QnA with Rajiv, July 6, 2023
Nonimmigrant Visas
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
Preparing for Your Biometric Services Appointment
After you file your application, petition, or request, if you need to provide your fingerprints, photograph, or signature, USCIS will schedule your biometric services appointment at a local Application Support Center (ASC). USCIS has the general authority to require and collect biometrics from any applicant, petitioner, sponsor, beneficiary, or other individual residing in the United States for any immigration and naturalization benefit. See 8 CFR 103.2 (b)(9).
USCIS Expands myProgress to Form I-765 and Form I-131
Release Date
07/12/2023
U.S. Citizenship and Immigration Services announced today that they are expanding myProgress (formerly known as personalized processing times) to Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document.
Visa Bulletin For August 2023
Number 80
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during August 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
Recording for July 13, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
FAQs: Legal options and factors for a future stay in the USA; not selected in H-1B lottery, Master's Degree, and passport renewal ||Transfer an approved H-1B selected in the lottery to a new employer before October 1
PERM Processing Times (as of 06/30/2023)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2022 |
| Audit Review | May 2022 |
| Reconsideration Request to the CO | August 2022 |
Green Card
Immigration Law
AAO Processing Times (April - June 2023)
The AAO reports its processing times by form type, displaying the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
The administrative appeals process has two stages: initial field review and AAO appellate review.
Immigration Law
USCIS Updates Visa Availability Approach for Managing Form I-526 Petition Inventory
Release Date
07/18/2023
U.S. Citizenship and Immigration Services (USCIS) today announced it would update its visa availability approach for managing the inventory of Form I-526, Immigrant Petition by Alien Investor, to promote greater efficiency.
USCIS To Publish Revised Form I-9
Release Date
07/21/2023
On Aug. 1, 2023, U.S. Citizenship and Immigration Services will publish a revised version of Form I-9, Employment Eligibility Verification (PDF, 899.28 KB). Among the improvements to the form is a checkbox employers enrolled in E-Verify can use to indicate they remotely examined identity and employment authorization documents under an alternative procedure authorized by the Department of Homeland Security (DHS) described below.