USCIS Modifies H-1B Selection Process to Prioritize Wages
Release Date 01/07/2021
Rule Expected to Protect the Economic Interests of American Workers
Release Date 01/07/2021
Rule Expected to Protect the Economic Interests of American Workers
Published by: The Economic Times - Date: January 11, 2021
Synopsis
The wage levels are derived from the US Department of Labor data, which qualifies employees based upon a combination of the education and experience required for their job: Level 1 (entry level); Level 2 (qualified); Level 3 (experienced); Level 4 (fully competent). This rule will cause serious impediments for the US businesses if it is allowed to stand.
For more details please see the attachment below.
Discussion Topics, Dec 17 Community Call
FAQs: Pending I-485 Petitions and 180 Day Portability Rule || Supplement J timing and joining previous Employer || Eligibility for and the process of EB-3 to EB-2 Porting || Job Change after I-140 Approval, Before I-485 Submission |||| Loss of H-1B Job and Opting for B-2 Visa || Delay litigation/Mandamus
Other Topics : CSPA (Child Status Protection Act) Age Calculation and Updating DS-260 Immigrant Visa Electronic Application || H-1B and Green Card Process with a Payroll Issue || Permits for Dependents with SOFA (Status Of Forces Agreements) Status || Moving from Canada to the USA with L-1 Visa || Advance Parole and EAD Renewal Applications || H-1B Petition was Approved, but the Extension of Stay Denied || Per-Country Quota Limitation for Employment-based Immigrant Act || H-4 Litigation and H-4 EAD Application Pending
Discussion Topics, Jan 7, 2021
FAQ: Visitor, Tourist, B-2 visa extensions and multiple extensions
Other Topics : 180 Day Portability Rule || Dependent Numbers Effects on Per-country Numerical Limitation for Employment-based Immigrant Visas || Advance Parole Impact on H-1B and H4 status || Consequences of Leaving U.S. with Expired L2 Visa and Expired L2 EAD while I-539 and I-765 Petitions are Pending ||Visitor Visa Extension for Parent with Expired 1-94 and at High Risk for COVID || Determining Whether H-1 Petition was Revoked by H-1 Sponsor || Starting a New Business After I-140 Approval While on H-1B Visa || Citizenship Process and Request for Diversity Files from 2001 || Impact of Advanced Parole on H-1B Parents/H4 Children While AOS Pending || Regarding Return Ticket for B2 Visiting Visa Extension || H-1B and I-94 Expired in Dec. H-1B Extension Pending. Impacts if a New Employer Files H-1B Premium Processing || Follow up: AOS, Consular Processing Delay: "Administrative Processing"
Release Date 01/08/2021
Due to the COVID-19 pandemic and other factors, USCIS is experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility. The information below explains the current state of lockbox operations and the issues affecting receipt notices.
Current Situation
01/12/2021
Starting in January, USCIS will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (PRC or “Green Card”), with a revised Form I-797, Notice of Action. LPRs file Form I-90, Application to Replace Permanent Resident Card, when their Green Cards expire or are about to expire. The revised Form I-797 notice will serve as a receipt notice for the Form I-90.
Release Date 01/12/2021
The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2021. The notice listing the eligible countries will be published in the Federal Register on Jan. 13, 2021.
Following is an excerpt from a Radio Show with Rajiv S. Khanna:
"I think these regulations will get frozen and I think we will be able to revert to our last year's lottery system and we'll be able to make it through this year but I also think that it's going to be a comprehensive legal immigration reform".
Watch the complete video here:
Release Date 01/15/2021
U.S. Citizenship and Immigration Services today announced it will temporarily suspend in-person services at all field offices, asylum offices and application support centers on Jan. 19 and 20 to ensure the safety of employees and individuals with appointments.
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2020 |
| Audit Review | February 2020 |
| Reconsideration Request to the CO | August 2020 |
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.
| 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 |
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.
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.
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
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.
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.
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.
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.
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:
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
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.