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USCIS Workload Transfer Updates
USCIS transferred some of the following cases from the Vermont Service Center to the Texas Service Center:
- Form I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J, or B nonimmigrants
For more information, see Workload Transfer Updates page.
SEVP Announces the SEVP Portal
On March 23, 2018, the Student and Exchange Visitor Program (SEVP) will launch the SEVP Portal for F-1 students participating in post-completion optional practical training (OPT) and M-1 students participating in practical training.
The portal will allow these F-1 and M-1 students to report personal and employer information directly to SEVP. Through the portal, these students will be able to:
USCIS Changing Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitors
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 179 KB)changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.
Automatic Termination of Optional Practical Training for F-1 Students If They Transfer to a Different School or Begin Study at Another Educational Level
USCIS reminds F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding employment authorization document (EAD).
The Proposed I-140 EAD Rule - Continually Updated
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.
DHS Enhances Opportunities for H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants, Final Rule Posted
The Department of Homeland Security (DHS) amended its regulations today to improve the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and the EB-1 immigrant classification, and remove unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.
DHS Enhances Opportunities for H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants, Final Rule Posted
The Department of Homeland Security (DHS) amended its regulations today to improve the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and the EB-1 immigrant classification, and remove unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.
SEVP Unveils Online STEM OPT Hub
On Friday, the U.S. Department of Homeland Security published amended regulations on optional practical training (OPT) for certain international students with science, technology, engineering and mathematics (STEM) degrees from U.S. institutions of higher education. The amended regulations will go into effect May 10. Under the new regulations, certain students can apply to have a STEM OPT extension of 24 months. The new regulations also enhance federal oversight of the training program.
US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
E-3 Visa
Overview
The E-3 visa allows for the admission of an alien who is a national of the Commonwealth of Australia and who is entering the U.S. to perform services in a “specialty occupation.” The E-3 visa has many advantages over the other types of working visas, including the ability for spouses of E-3 recipients to apply for work authorization.
Nonimmigrant Visas
Outline of Compelling Circumstances EAD Regs
Green Card
Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs Affected by the ACICS Loss of Accreditation
On December 12, 2016, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related programs:
Success in responding to a Request for Evidence after filing an E-3 Petition
We assisted in responding to an RFE questioning the employer’s educational requirements for an E-3 (Specialty Occupation Workers from Australia) Petition filed for a software developer position. USCIS sought clarification as to how the position could be a specialty occupation where the employer required a minimum of a bachelor’s degree in business, information systems, computer science or equivalent with related experience.
Nonimmigrant Visas
Agency
Immigration Law
Success in responding to a Request for Evidence after filing an E-3 Petition
We assisted in responding to an RFE questioning the employer’s educational requirements for an E-3 (Specialty Occupation Workers from Australia) Petition filed for a software developer position. USCIS sought clarification as to how the position could be a specialty occupation where the employer required a minimum of a bachelor’s degree in business, information systems, computer science or equivalent with related experience.
USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses
Release Date
03/18/2022
U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.
Successful response to a Form I-485 RFE related to events that occurred over a decade ago
We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance.
Nonimmigrant Visas
Green Card
Successful response to a Form I-485 RFE for misrepresentation
We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance.
Nonimmigrant Visas
Green Card
Immigration Law
Immigration.com
Student Visa Overview
Student Visa Overview
The U.S. provides several nonimmigrant visa categories for persons wishing to study in the United States.
Profession/Occupation
ACICS Loss of Recognition May Affect Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs, H-1B, and I-140 Applicants
Release Date
11/01/2022
On Aug. 19, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:
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?
Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’
Release Date
07/20/2021
U.S. Citizenship and Immigration Services today announced 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.
Waivers of the Interview Requirement for Certain Nonimmigrant Visas
For latest updates, watch this video with Rajiv from Dec 28, 2021.
Recording of Free Community Conference Call (Every Other Thursday), 28 July 2016
Immigration.com
Agency
Citizenship and Naturalization
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
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