DHS Announces Final Rule for a More Effective and Efficient H-1B Visa Program
Final Rule Effective Beginning April 1, 2019
Final Rule Effective Beginning April 1, 2019
Discussion Topics, Thursday, 10 January 2019:
FAQ: The logistics of porting a priority date, how to? ||Consequences of and logistical problems in dealing with criminal arrests or convictions in immigration cases||What to do when the 240 days H-1B work authorization is expiring?||Downgrading a case from EB2 to EB3 for priority date advantage||
Other: How to calculate H-1B time while the case is pending ||Successor in interest cases ||Transferring family-based cases ||Converting pending H-1B cases to premium ||H-1B visa stamping problems ||CSPA issues while the I 140 is pending||Filing an appeal against H-1B denial ||Effect on employment-based green card of relocation or moving abroad || REmoval of condition on green card through marriage
Discussion Topics, Thursday, 24 January 2019:
FAQ: Green Card portability for EB-1C international managers or executives||What is the advantage of EB2 over EB3 category?|| Difference between final action dates for employment-based preference cases b. Dates for filing of employment-based visa applications ||
Other: Consequences of moving locations for H-1B and green card cases ||Green card through marriage||H-1B approval beyond six years based upon I-140 approval of another employer||Defining same or similar job for AC 21 portability||Cross chargeability||Converting from EB-2 to EB-3 ||Doing business on H-1B ||Changing employers from nonprofit to for-profit ||Rejoining an old job after a denial of an H-1B transfer||Difference between AC 21 portability and 240 days regulation to continue working on H-1B ||When is a Supplement J required?
USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium processing they may submit.
U.S. Citizenship and Immigration Services (USCIS) issued guidance on October 7, 2009 to clarify for performing arts associations and their members the regulatory requirements for agents who file as petitioners for the O and P visa classification.
O and P visas apply to non-immigrants with extraordinary ability in the sciences, arts, education, business or athletics, or in the motion picture and television field. O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent.
USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.