Search
Business or Employment Related Travel to the USA During Ban - National Interest Exception NIE
The travel bans necessitated by the COVID pandemic have created much flux and uncertainty. Synthesizing the information now finally available from various US government sources, it is clearer now that many intending travelers can seek and obtain an exemption from the ban under a series of provisions for a National Interest Exception (NIE).
Do you Qualify for an NIE?
F-1 Student Traveling Through Mexico to Avoid The India Travel Ban
Please find below my experience traveling on F-1 as a student from India to the US under covid-related travel restrictions.
Can Student Visa Holders Apply for a Green Card?
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
............................................................................................................................................................
F-1 students no longer need to file bridge petitions - USCIS policy change on COS
07/20/2021
U.S. Citizenship and Immigration Services announced today new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.
F-1 OPT and STEM OPT students obtain settlement in Li v USCIS case
The following settlement was reached in Li v. USCIS in favor of the OPT and STEM OPT applicant students suffering from delays and rejections:
Sample Cases of National Interest Waiver - NIW
What is a National Interest Waiver?
Preliminary Note: The following discussion examines National Interest Waiver, other than that for foreign physicians. The nature of NIW for foreign physicians is different and requires a separate discussion.
Frequently Asked Questions on US Travel Ban
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna addresses the most pressing issues. Please see the link below.
US travel ban: NRI Helpdesk: Can IR-5 immigrant visa holders travel to US despite travel ban? - The Economic Times
Waivers of the Interview Requirement for Certain Nonimmigrant Visas
For latest updates, watch this video with Rajiv from Dec 28, 2021.
Biden announces STEM changes for F-1, J-1, O-1A and National Interest Waivers
24 January 2022
Students in the following fields will be able to obtain STEM OPT extensions for 24 months:
Adjustment of status, transferring the basis of I-485 clarifications
September 9, 2022:
Important FAQ from the USCIS about what to expect during this fiscal year #immigration
https://www.immigration.com/blogs/fiscal-year-2023-employment-based-adj…
----------------
On January 21, 2022, USCIS published the following information on its website, which we have edited to provide clarifying remarks:
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)
17-Month STEM CAP GAP OPT Extension Voided by Court
24 December 2015
DHS has asked for an additional extension of stay to 10 May 2016 of the court order under which the STEM extension of OPT was invalidated by the DC federal court. DHS needs time to review appx. 50,500 comments they have received on the new proposed regulations. I am moving the new discussion to this link: http://www.immigration.com/blogs/new-rules-17-month-stem-extension-ongoing-updates-until-completed
October 2015 Visa Bulletin Confusion
Please sign and have others sign the petition to prohibit USCIS from revising Visa Bulletin dates: http://wh.gov/iQ66L28 September 2015
American Immigration Lawyers Assiciation has written to the State Department (Secretary Kerry) asking for a roll back of the priority dates as originally announced. The letter is atached at the bottom.
International Entrepreneur Rule (Continually Updated, As Needed)
31 August 216
USCIS has published the proposed rule and is now seeking comments on the rule from the public. To comment, click here: https://www.federalregister.gov/articles/2016/08/31/2016-20663/internat…
New Rules for 17-Month STEM Extension (Ongoing Updates until completed)
24 December 2015
DHS has asked for an additional extension of stay to 10 May 2016 of the court order under which the STEM extension of OPT was invalidated by the DC federal court. DHS needs time to review appx. 50,500 comments they have received on the new proposed regulations. Historical discussion pertaining to the lawsuit is at this link: http://www.immigration.com/blogs/17-month-stem-cap-gap-opt-extension-voided-court
Issues (including Change of Status) for CPT, OPT Students
I-140 EAD Regulations Effective 17 January 2017
2 December 2016
Radio Show Discussing Overview of the new I-140 EAD Regulations
2 December 2016
Discussing I-140 EAD FAQ in community conference call
New "Visa" for Entrepreneurs - Significant Public Benefit Parole
USCIS is in the process of implementing a proposed “significant public benefit” parole program for entrepreneurs. This is one of the executive actions on immigration announced by President Obama on November 20, 2014.
USCIS states:
Under this proposed initiative, and based on the USCIS’s existing statutory parole authority, Department of Homeland Security may extend parole, on a case-by-case basis, to eligible founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:
Public Charge - Immigration Consequences of Receiving Benefits/Assistance
In tomorrow's community conference call, one of the community members has raised the issue whether receiving certain kinds of State benefits becomes an issue for immigration.
B-1 In Lieu of H-1 Visa
The H-1 quota cuts down 50% or more applications each year. Legally, employees of foreign companies or entities can try and obtain B-1 visa in lieu of H-1 visas as long as they fulfill the following criteria outlined by the US Department of State.
Each intended B-1 (in lieu of H-1) entrant must:
1. Hold the equivalent of a U.S. bachelor's degree
2. Plan to perform H-1B-caliber work or training
Congressman Vela's Letter (editorialized) to Trump - take your border wall and shove it up your _ss
We are reproducing below an letter to Donald Trump by Congressman Filemon Vela: "Mr. Trump, you’re a racist and you can take your border wall and shove it up your ass." The highlights are ours.
