On September 15, 2022, USCIS is implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. Similar to the first phase and second phase of the expansion, this...
In our blog “Effectively Navigating the Complex Maze of the PERM Process,” dated September 02, 2022, we stated that the employers can submit an I-140 petition for a professional nurse, physical therapist, and those with an exceptional ability (Schedule A Occupations) without first obtaining a cer...
On September 08, 2022, the U.S. Department of Homeland Security (DHS) has issued a final rule, to be published in the Federal Register, that provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The rule restores the historical un...
We at SanSha Law Office, PLLC, recommend that employers start the PERM process for their employees as soon as possible and not wait for the fifth or sixth year of H-1B. An H-1B non-immigrant worker can stay in H-1B status in the U.S. for a maximum of 6 years, with extensions under certain circums...
On September 07, 2022, USCIS released revised editions of Form I-589, Application for Asylum and for Withholding of Removal, and Form I-765, Application for Employment Authorization, dated 07/26/2022. USCIS released the revised editions of Form I-589 and Form I-765 in compliance with the Asylum...
On September 08, 2022, USCIS published answers for frequently asked questions regarding Fiscal Year 2023 Employment-Based Adjustment of Status. Per 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 ...
The U.S. Department of State on September 07, 2022, released the October 2022 visa bulletin, which is the first visa bulletin for the upcoming fiscal year. In the latest visa bulletin, there has been a major retrogression in the final action dates and the dates of filing for India in the employme...
U.S. Immigration law provides an individual with various ways to become lawful permanent residents (get a Green Card) through employment in the United States of America. These employment-based (E.B.) “preference immigrant” categories include: First preference (EB-1)– priority workers Perso...
Most people familiar with US Immigration know that once you have submitted the DS-160 form, you cannot reopen it to make any changes. Accordingly, if there is a material change requiring information to be updated, there are two efficient ways to reuse information from a previously submitted appli...
On August 23, 2022, USCIS announced that it has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master's cap, for fiscal year (FY) 2023. Also, that USCIS has ...
On August 20, 2022, USCIS started issuing a "Not Selected" Notice for FY 2023 H1B registrations that were not picked up in the first round of the lottery. Also, per AILA announcement dated August 22, 2022, AILA believes that USCIS has apparently received a sufficient number of petitions needed to...
In certain situations, a green card applicant may benefit from charging their visa to their spouse's or parent's country of birth rather than their own. This is known as cross-chargeability. In practice, cross-chargeability is used where the preference quota category is backlogged for one spouse...
On June 24, 2022, USCIS issued a new policy guidance in the USCIS Policy Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA), specifically, the effect of returning to the United States during the statutory 3-year or 10-year period after departure or r...
According to CBPs advisory released on August 10, 2022, a telephone scam is targeting residents nationwide in an attempt to gain banking information from unsuspecting residents. The caller is impersonating CBP Officer/Agent. U.S. Customs and Border Protection agents and officers nationwide are c...
Recently USCIS updated Form I-693, Report of Medical Examination and Vaccination Record. Starting October 05, 2022, USCIS will only accept the 07/19/2022 edition of the form. These dates are based on when the civil surgeon signs the form, and not when USCIS receives it. This means you may also us...
USCIS announced that beginning Thursday, September 1, 2022, USCIS will no longer accept a single, combined fee payment when an applicant or petitioner files Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor, together with Form I-...
The U.S. Department of State on August 08, 2022, released the visa bulletin for the upcoming month of September 2022. In the latest visa bulletin, the Final Action Dates and the Dates of Filing for Employment Based Preference Cases remained the same as that of August 2022 visa bulletin. 1. Fin...
On July 15, 2022, USCIS announced that beginning August 01, 2022, it is implementing the second phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. Similar to the first phas...
On July 22, 2022, USCIS announced that it has updated its policy manual to provide further guidance on evidence that can be used to support a petition for an O-1A nonimmigrant of extraordinary ability with a focus on science, technology, engineering, and mathematics (STEM) fields. O-1 nonimmigra...
On July 25, 2022, USCIS announced that it is extending certain COVID-19 related flexibilities through October 23, 2022, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the fol...
On July 25, 2022, USCIS announced that it will continue accepting copies of original signatures on all forms and documents. This makes permanent the temporary signature policy that USCIS announced in March 2020 in response to the COVID-19 pandemic. USCIS will accept copies of original signatures...
The U.S. Department of State recently released the visa bulletin for the upcoming month of July 2022. In the latest visa bulletin, the Final Action Dates for the EB-2 preference category for the country of birth India moved forward by 3 months, from September 01, 2014, to December 01, 2014. On th...
On May 04, 2022, DHS published a temporary final rule which increases the employment authorization and/or Employment Authorization Document (EAD) automatic extension for certain renewal applicants from up to 180 days to up to 540 days. Accordingly, to assist employers and employees with determin...
On May 24th, 2022, USCIS announced that it will be implementing premium processing service for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. As previously announced on March 29th, 2022, USCIS is expanding premium...
On May 16th, 2022, US Supreme Court passed a ruling in the case Patel v. Garland, U.S., No. 20-979, which limits the role of Federal Courts in reviewing of factual determinations in Immigration Removal cases. Justice Amy Coney Barrett wrote the majority opinion, wherein she noted that “the feder...