PERM Processing Times (as of 12/31/2020)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2020 |
| Audit Review | February 2020 |
| Reconsideration Request to the CO | August 2020 |
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Rajiv's Article - The math behind the new H-1B wage rules, and what it means for techies
Published by: The Economic Times - Date: January 19, 2021
Synopsis
Taking another parting shot at the employment-based immigration affecting green cards, H-1B and other similar work visas, the Trump Department of Labor (DOL) has published a rule that raises the wages by approximately 30% across the board.
For more details please see the attachment below.
AAO Processing Times (October - December 2020)
Timeliness of Fiscal Year 2021 First Quarter Completions (October - December 2020)
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 45.31% | 1278 | |
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 0% | 1 |
| I-129E2 | CNMI Treaty Investor | 100% | 1 |
| I-129F | Petition for Fiancée |
Immigration Law
Rajiv's Article - Biden administration begins reversing Trump's damage on H-1B and immigration
Published by: The Economic Times - Date: January 21, 2021
Synopsis
Politically, this is a good time for immigration laws to be revamped and modernized. Concluding from various polls conducted over the last two years, 70% of the US population considers immigration to be important for the United States. Democrats, that is Biden’s party, have the majority (although a slim one) to pass laws & be effective.
For more details please see the attachment below.
Rajiv's Comments in the News - Biden reforms on Day 1 set to cheer Indian diaspora - The Times of India
Published by: The Times of India - Date: January 21, 2021
Quotes and Excerpts from Rajiv in the article:
“It is most gratifying to see an acknowledgment from the Biden-Harris administration of the plight of immigration stakeholders” Arlington-based, Rajiv S Khanna, Managing Attorney at Immigration.com told TOI.
Rajiv's News Clips - Joe Biden’s ‘overhaul’ of US immigration policy to help Indians in Green Card queue
Published by: The Economic Times - Date: January 21, 2021
Quotes and Excerpts from Rajiv on the article:
“Some of the changes will be delayed because they need a change in the laws, which is likely to be a few-months process, but the Biden administration is already prepared to send a legislative package to Congress. Some of the changes will be delayed because they might require deregulation,” said Rajiv S. Khanna, Managing Attorney at immigration.com
Visa Bulletin For February 2021
Number 50
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during February 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
Jan 21, 2021 Recording of Free Community Conference Call (Every Other Thursday)
Green Card
Substantial transcription for video
FAQs:
I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)
Other Topics :
Maintaining green card status outside the USA during the COVID-19 pandemic || Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade and maintaining H-1B status after getting EAD || Receiving green card in a few months on the EB-1C/L-1A route and consequences of changing jobs or leaving job immediately after green card approval || H-1 Visa Laid-Off repercussions, F-1 pending - 60 day grace period || Investing in real estate property, stocks and day trading in the USA with an LLC || Employer not willing to file I-824 to support filing Adjustment of Status (AoS) || Currently on J-1 visa and PERM application is in process: Type of waiver, if needed, to present for same-sex spouse who is on J-2 || H-4 to F-1 and biometrics appointment schedule || H-1B Cap exempt and spouse on H-4 EAD seeking a job || Unemployed on H-4, filed I-485 AOS as a Principal Applicant with Supplement J || How to ensure application in process and get A#. || Spouse currently studying on H-4, applying for her F-1 Visa. Both I-140s approved. Will not going on an H-4 EAD create issues? || Applying for citizenship for Parents with green card and continuous residence issues || F-1 visa expires while waiting for marriage-based green card.
Rajiv's Article - Biden has begun dismantling Trump's immigration rules. How long will H-1B holders need to wait to see results?
publication descriptionPublished by: The Economic Times - Jan 25, 2021
Synopsis:
publication descriptionBiden’s administration has already withdrawn the regulation that was not yet published: the USCIS regulation that redefined employer-employee relationship to a far stricter level than we have ever had before, and required end-clients to be actively involved in the H-1B process.
Rajiv's Comments in the News - Wage hike rule of Trump admin under review, will not apply to upcoming H-1B filing season
Published by: The Times of India - Date: January 28, 2021
Quotes and Excerpts from Rajiv in the article:
Rajiv S Khanna, Managing Attorney at Immigration.com told TOI, "The May 14, timeline should take us past the H-1B lottery, if the Labour Condition Application (LCA) process is done before the kick-off date." The registration for H-1B applications (petitions) for the coming season is expected to commence in March. The lottery will be held in April.
Jan 28, 2021 Conversation with Yudi (Q&A on behalf of students and young professionals)
Immigration.com
Green Card
USCIS Extends Flexibility for Responding to Agency Requests
Release Date 01/28/2021
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:
Wage hike rule frozen till May 14, 2021,Trump vs Biden Admin
Jan 27, 2021 Radio Show with Rajiv S. Khanna Topics of discussion:
Wage hike rule that raised required wages disproportionately has been delayed to May 14 (beyond this year's H-1B lottery). Future proposed changes for STEM graduates and pending green cards.
Subscribe to our YouTube channel for latest immigration updates in Biden AdministrationThe URL for the channel is:http://youtube.com/immigrationdotcom
Immigration.com
Nonimmigrant Visas
Immigration Law
USCIS Grants One-Time Accommodation for Sheepherders in H-2A Status
U.S. Citizenship and Immigration Services (USCIS) announced that it would allow H-2A workers in the sheepherding industry more time to fully transition to the three-year limitation of stay requirements under the agency’s final rule that became effective on Jan. 17, 2009. USCIS is making the one-time accommodation in deference to the industry’s prior exemption from the 3-year limitation. This exemption does not impact other H-2A categories.
ETA's Prevailing Wage Determination Policy Guidance
The publication of the H2B regulation in December 2008 and the corresponding changes to PERM, H1B, H1B1, H1C and E3 regulations governing temporary professional, nonagricultural or registered nursing programs changed the roles of the SWAs and NPCs in the prevailing wage determination process and necessitated the issuance of policy and procedural guidance to be used by the National Prevailing Wage and Helpdesk Center (NPWHC).
Guestbook Entry for Tribendu Datta, United States
Name
Tribendu Datta
Country
United States
State
Nevada
I-140 revocation based upon fraud reversed
We were recently retained at the I-140 Appeal stage for an I-140 denied on grounds of fraud/willful misrepresentation. USCIS denied the I-140 citing inconsistencies between the ETA 9089 job requirements, the advertisements, and a subsequent letter sent by petitioner with an RFE pertaining to the job requirements. Due to what USCIS termed as "material inconsistencies," the I-140 was denied on the grounds that the labor certification submitted was gained through fraud or willful misrepresentation of a material fact.
Green Card
Adoption Notice Re: Guatemala
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
Fraud allegations in tourist visa/ESTA entrants converting to green card
Discussing allegations of fraud and consequences when a short-term visa holder tries to convert to green card or another long-term visa from within the US.
Entering USA, what to expect?
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Importance of having continuity of employment/pay stubs
Here is a question from our clients-only extranet.
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
H-1B Employer Employee Memo of 8 January - Practice Hints
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.
Link to my 2009 articles on immigration law compliance and end-client letter issues
I have received e-mails from folks about my 2009 articles on immigration law compliance and end-client letter issues in H-1B cases published by American Law Institute - American Bar Association. Here is the link:
http://www.immigration.com/articles-rajiv-s-khanna