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Deportation and Denial Policy 2018

 On 17 August 2018, DHS purported to "clarify" that subject to certain conditions, placement of students engaging in two-year extension of their practical training (STEM OPT extension) at third-party sites may be acceptable if appropriate conditions are met.

The attached letter from the USCIS signals clearly that H-1B program may be headed for a fundamental change. It remains to be seen what the details are and whether or not what the government would plan is within their legal authority.

12 January 2016

This is the latest release from USCIS.  I think they are misreading the fees requirement.  The law seemed to require higher fees only for L-1 employee counts (see my highlighted comments below under 19 December 2015 entry).  The current USCIS release counts both L-1 and H-1 employees even for H-1 filing fees.  We will wait and see if this clarified

This entry is now old law.  The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…

Note: Updated all of the regulations comments on 31 December 2015.  I will keep adding, as needed.

The new rule regulating the Optional Practical Training (OPT) program for F-1 students with degrees in science, technology, engineering, or mathematics (STEM), becomes effective on May 10, 2016.

US Work and Immigration Options for Foreign Professionals

A discussion with two members of our community

 Can H-1 Visa Holders Do Business in the USA?
A community discussion

Can USCIS Discontinue H-1B Extensions Beyond 6 Years? In my opinion, the answer is: no. Can they try? Yes, but they will need to change the law through the Congress. Drastic changes through executive action are legally unavailable. This discussion has become necessary because there are reports circulating that the Trump administration is trying to devise ways and methods to take away the benefit of extension beyond six years for H-1B holders.

Immigration related consequences of the government shutdown

21 January 2018

USCIS has provided the following update:

The current lapse in annual appropriated funding for the U.S. government does not affect USCIS’ fee-funded activities. Our offices will remain open, and all applicants should attend interviews and appointments as scheduled.

The regulations enacted by the USCIS on 17 January 2017 have created a new class of employment authorization - "Compelling Circumstances EAD." This is available to those people whose I-140 is approved and priority dates are not yet current.

From Rajiv: To identify employers who are abusing the H-1B visas, USCIS will now target for investigation three specific types of H-1B employers: unverifiable, H-1B dependent and consultants working at client sites.

Note From Rajiv: 
There is nothing new in this memo that we have not encountered before.  What USCIS  has said in this memo is that the IT title “Programmer” is not necessarily a job that requires a degree AND further a degree in specific discipline.  If we claim otherwise, we have to prove our case.  We have to do that in many, many cases anyway.  Like I noted earlier, this is not new.

Department of Justice
Office of Public Affairs
Monday, April 3, 2017

Discussing various changes taking place in H-1B visas.

Fiscal Year 2023 Employment-Based Adjustment of Status FAQs from USCIS

The employment-based (EB) annual limit for fiscal year (FY) 2023 will be higher than was typical before the pandemic, though lower than in FY 2021 and FY 2022. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023.