Immigration Solutions

USCIS Confirms Elimination of “Blank Space” Criteria

USCIS today confirmed that for all forms it has reverted to the form rejection criteria it applied before October 2019 regarding blank responses. In 2019, USCIS changed the form rejection criteria for: Form I-589, Application for Asylum and for Withholding of Removal; Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) … Read more

H-1B Visa – Cap/Lottery for FY 22

Here is the timeline for the 2021 (fy22) H-1B Visa filing. March 25: The online registration period will close at 12:00 p.m. EST. All electronic registrations must be submitted with registration fees paid. March 26–31: USCIS will conduct the H-1B regular cap and master’s cap lotteries. March 31: USCIS will notify employers and their representatives … Read more

Premium Processing for E-3 Visas

Starting Feb. 24, 2021, petitioners filing Form I-129, Petition for a Nonimmigrant Worker, requesting a change or extension of status to E-3 classification will have the option to request premium processing service for their petition. The E-3 classification applies only to nationals of Australia who are coming to the United States solely to perform services in a specialty occupation. An Australian … Read more

USCIS Lockbox Receipt Update – 2/5/21

Dallas Lockbox: Currently intaking Employment-Based I-485 adjustment of applications and standalone cases filed around Oct. 29, 2020, and Oct. 30, 2020, with approximately 415,000 applications/petitions waiting to be receipted Phoenix Lockbox: Currently intaking cases of all form types filed in early December 2020 with approximately 67,000 envelopes (or about 100,000 applications) waiting to be receipted

H-1B / PERM Final Wage Rule – January 15, 2021

NOTE: As of 1/30/21 This Memo is under Review by the Biden Administration On January 15, 2021 the DOL issued a memo called the “H-1B Program Bulletin Clarifying Filing Requirements for Labor Condition Applications (LCA) by Secondary Employers at 20 C.F.R. §§ 655.715 and 655.730(a).” Also on January 15, 2021, the DHS issued a memo … Read more

How to find the correct prevailing wage level for your H-1B petition [2021]

Are you trying to find the prevailing wage for your H-1B visa? The new 2021 H-1B Cap Registration rule requires you to state the prevailing wage level (1,2,3 or 4) the offered salary will be above. In this article, we will show you how to find the correct prevailing wage level for your H-1B petition. … Read more

Visa Bulletin For January 2021

EMPLOYMENT-BASED PREFERENCES For Employment-Based Preference Filings:For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for January 2021. First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. Second:  Members of the Professions Holding Advanced Degrees or Persons … Read more

National Interest Exceptions (NIE) for H-1B and L-1 Visas – (2021)

On Aug. 12 2020, the U.S. Department of State released guidance on national interest exceptions (NIEs) to the June 22 proclamation. As they pertain specifically to H-1B and L-1 visas, the following exceptions may be applicable. H-1B Applicants Public health or healthcare professionals, or researchers seeking to travel to alleviate the effects of the COVID-19 … Read more

Good news on delayed EADs

Due to the extraordinary and unprecedented COVID-19 public health emergency, the production of certain Employment Authorization Documents (Form I-766, EAD) is delayed. As a result, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 informing an applicant of approval of … Read more