Search
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.
USCIS Eases Visitor Restrictions for Fully Vaccinated Individuals
Release Date
05/27/2021
Due to updated guidance from the CDC, USCIS has updated its visitor policy. Fully vaccinated individuals no longer have to wear a face covering. Individuals two years old and older who are not fully vaccinated must still wear a face covering.
To be considered fully vaccinated, it must be at least two weeks after receiving a second dose in a two-dose series or at least two weeks after receiving a dose of a single-dose vaccine.
DHS Extends Form I-9 Requirement Flexibility (Effective June 1, 2021)
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
This temporary guidance was set to expire May 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 requirement flexibilities from June 1 to August 31, 2021.
Updated Guidance on Naturalization for Veterans Living Overseas
Release Date
05/28/2021
USCIS is updating guidance in the USCIS Policy Manual to provide clarification regarding certain naturalization applications filed by veterans of the U.S. armed forces under section 329 of the Immigration and Nationality Act (INA).
27 May 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics, Thursday, May 27, 2021
FAQ: Not reporting change of address to the USCIS - Naturalization || Chances of getting an F-1 Visa when B-1 Visa was rejected earlier 214(b) denial
DHS Withdraws Proposed Biometrics Rule
Release Date
05/07/2021
Green Card Through PERM, Part 1, The PERM Process
1 Green Card through PERM, Step 1 - The PERM process
1.1 Preliminary points
1.1.1 Most commonly used process and is based upon a permanent, full-time job offer
1.1.2 Involves testing the labor market for a defined job
1.1.3 Green card is for a "future job"
1.1.4 Employment-based categories 2 and 3 (EB-2, EB-3)
Rajiv's Article - Will your B-1 B-2 visas get canceled at the airport?
Published by: The Economic Times - Date: May 10, 2021
Synopsis
To protect yourselves, carry evidence that your extension application was timely filed and you left because you had an urgent need to do so. Also, take a screenshot or printout of the FAQ on the CBP website: “How can I extend my stay while in the United States?
For more on this article please see the attachment below.
DHS Announces Continuation of International Entrepreneur Parole Program
Release Date
05/10/2021
Program Will Provide Opportunities for Foreign Entrepreneurs
13 May 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Immigration Law
Green Card
Topics:
USCIS Forms Update Notice
USCIS recently updated the following form:
05/17/2021 01:38 PM EDT
You can find the edition date at the bottom of the page.
For more information, please visit Forms Updates page.
USCIS Announces Open Application Period for Citizenship and Integration Grant Program
Release Date
05/17/2021
WASHINGTON—U.S. Citizenship and Immigration Services is accepting applications for two funding opportunities under the Citizenship and Integration Grant Program. The grant opportunities will provide up to $10 million in grants for citizenship preparation programs in communities across the country.
DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations
Release Date
05/18/2021
The Department of Homeland Security has issued a final rule that removes from the Code of Federal Regulations (CFR) an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court.
Visa Bulletin For June 2021
Number 54
Volume X
Washington, D.C
A. STATUTORY NUMBERS
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
Rajiv's Article - Do you qualify for an “Einstein” Green Card?
Published by: The Economic Times - Date: May 20, 2021
Synopsis
You must be able to demonstrate “sustained national or international acclaim” in your field. You do that through one of the two ways. First, either you must have received a one-time national or internationally recognized award. Second, if you do not have such an award, alternatively, you must pass two tests: quantitative and qualitative.
For more on this article please see the attachment below.
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.
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 Forms Update Notice
USCIS recently updated the following form:
Form G-325A, Biographic Information (for Deferred Action)
10/25/2023 10:21 AM EDT
Edition Date: 10/25/23. Starting Nov. 13, USCIS will only accept the 10/25/23 edition. Until then, you can also use the 08/30/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit the Forms Updates page.
Rajiv's Comments in the News - Canada to invite nearly 15 lakh immigrants in next three years, but can India retain the top spot? Explained
Published by: Live Mint: November 02, 2023
https://www.livemint.com/news/world/canada-to-invite-nearly-15-lakh-imm…
Quotes and Excerpts from Rajiv in the article:
Rajiv S. Khanna, Managing Attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC, said, “Despite the tension, immigration wise, they don't have a choice."
The Practical Lawyer Editorial Board Member Rajiv S. Khanna's Conversation With Devika Kewalramani
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
USCIS Potomac Service Center Will No Longer Accept Paper Responses
Release Date
11/06/2023
As of Aug. 21, 2023, the Potomac Service Center (PSC) has begun to move to a new facility in Camp Springs, MD, and can no longer receive paper responses to correspondence such as Notices of Intent to Deny (NOID), Notices of Intent to Revoke (NOIR), Intents to Deny (ITD), Requests for Evidence (RFE) or supporting documentation for filings currently pending at the PSC.