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Rajiv's News Clips - Indian IT's H-1B visa woes could worsen in 2020
Published by : ETtech From the Economic Times - Date: January 03, 2020
Quotes and Excerpts from Rajiv on the article:
“There is more than a little apprehension that the process could be muddled up because of technological or workflow errors made by the government,” said Rajiv S Khanna, Managing Attorney at Immigration.com.
For more on this news please see the attachment.
EB-1 Extraordinary Ability, Outstanding Researchers/Professors, International Managers/Executive
Under the various employment based categories, Category I based permanent residency is the most difficult to obtain. Initially, the foreign national must determine if he/she is eligible for lawful permanent residency according to the USCIS guidelines.
An applicant filing an EB1 alien of extraordinary ability application may self-petition, but an applicant filing under outstanding researcher and/or professor and multinational manager must have a sponsoring employer.
Green Card
H-1B and CPT
EOIR Issues Fact Sheet on the Office of the Chief Administrative Hearing Officer (OCAHO)
Executive Office for Immigration Review of the DOJ issued a fact sheet on its Office of the Chief Administrative Hearing Officer (OCAHO). This office hears immigration cases related to employer sanctions, document fraud, unfair employment practices, and international marriage brokerage.
For detail information please check attachment.
E-3 Visas for Australian Citizens
We were retained by a corporate client to process several E-3 petitions for nationals of Australia. All of the visas were issued at the Australian consulates without any problem. One applicant has already entered the U.S is currently working on E-3 status. We have also submitted a petition for an E-3 amendment with USCIS, which was also approved without any issues.
Nonimmigrant Visas
Profession/Occupation
Change of Status
The term Change of Status (COS) is the name given to the process through which a person can change from one temporary status (nonimmigrant) to another temporary status without having to leave the United States. Typical examples of this process are changing from a student visa status to H-1B. Usually, a successful COS is evidenced by the USCIS issuing you a new I-94.
Changing status from a temporary visa to a green card within the United States is also a change of status, but it is technically referred to as Adjustment of Status (AOS).
CIS Ombudsman Update to Resolve Pending Derivative Form I-485s Due to File Separation
This update will share information on current trends and issues to assist individuals and employers in resolving problems with USCIS.
Visa Services Update
Visa Services Operating Status Update from DOS
Last Updated: April 6, 2021
FDNS (Fraud Detection and National Security) H-1B Investigations
FDNS H1B Assessment Overview and History:
Nonimmigrant Visas
Agency
Immigration Law
EB-2 Advanced Degrees & Experience
EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability
The following persons fall under this category:
Green Card
EB-2 National Interest Waivers
The NIW Standards can be reviewed at:
https://www.immigration.com/blogs/new-standards-national-interest-waiver-dhanasar-case
Green Card
H-1B Benefit Fraud & Compliance Assessment
The Office of Fraud Detection and National Security (FDNS), a Division of the National Security and Records Verification (NSRV) Directorate, drafted this report, in collaboration with the other USCIS Directorates and the USCIS Office of Chief Counsel. All USCIS components reviewed the cases involving fraud or technical violations and the proposed enhancements to the H-1B program and concurred on the report.
For more information on this report please check the attachment.
Nonimmigrant Visas
Immigration Law
H-1B Program and Information Sharing with Homeland Security
This report from GAO describes: (1) how Labor carries out its H-1B program responsibilities; and (2) how Labor works with other agencies involved in the H-1B program.
Nonimmigrant Visas
Agency
Immigration Law
Review of the USCIS Benefit Fraud Referral Process
The Department of Homeland Security (DHS) Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107-296) by amendment to the Inspector General Act of 1978.
This report addresses the Fraud Detection and National Security program of United States Citizenship and Immigration Services. The program endeavors to detect and deter immigration benefit fraud. This report is based on interviews with employees and officials of relevant agencies and institutions, direct observations, and a review of applicable documents.
Nonimmigrant Visas
Agency
Immigration Law
CIS Fraud Sheet
This document was released by USCIS by mistake in March 2009 and contains the criteria USCIS uses to refer cases for fraud investigations.
Nonimmigrant Visas
Immigration Law
EB-3 Bachelor's Degree, Skilled, Unskilled Workers
EB-3 Overview
EB-3 Classification is appropriate for:
Professionals with a baccalaureate degree (or foreign equivalent degree but not necessarily any experience);
Skilled Workers with at minimum two years of experience (there is no degree requirement); and
Unskilled Workers who have less than two years of training or experience.
Green Card
USCIS Revises Form I-601, Application for Waiver
USCIS has revised Form I-601, Application for Waiver of Grounds of Inadmissibility (Revision Date 04/06/09 N, OMB Expiration Date 04/30/11) to make it easier for applicants to complete. Applicants may now select from a list of grounds of inadmissibility on the form itself and mark all which apply to them in order to request a waiver. In addition to the list, the form includes a section where applicants can describe, in their own words, why they believe they are inadmissible.
The Department of State Releases Information Regarding Non-Hogar Inter-Country Adoption Cases from Guatemala (10-15-09)
The U.S. Department of state released the following information pertaining to non-hogar Guatemalan Inter-country adoptions:
K Visa Overview
Introduction - K-1/K-2 Status
The K-1 Fiancé (e) Visa allows foreign nationals, potential spouses of United States Citizens to enter the United States for the sole purpose of marriage.
Nonimmigrant Visas
USCIS Reminds Applicants To obtain Advance Parole Before Traveling Abroad
USCIS reminds individuals that they must obtain Advance Parole – permission to reenter the United States after traveling abroad – from USCIS before traveling abroad if they have been granted Temporary Protected Status (TPS); a pending application for adjustment of status to lawful permanent reside
Work in Progress
We are still working on these sections. Please check back in a few days.
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Compliance Review Report
Compliance Review Report
Job Aid for Employment (H1B) – Based