Editorial Team 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
Great news for immigration applicants to start the new year. USCIS has announced that it is dropping it’s legal challenges to the October 2nd 2020 proposed fee increase. This means that, for the time being, the USCIS fees will remain the same.
Are you trying to find the prevailing wage for your H-1B visa? In this article, we will show you how to find the correct prevailing wage level for your H-1B petition. We took the 2009 DOL Prevailing Wage Policy Guidance and built a Prevailing Wage Level App that allows you to quickly and easily determine … Read more
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
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
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
FAMILY-SPONSORED PREFERENCES First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: A. (F2A) Spouses and Children … Read more
When a USCIS Service Center denies an employment-based visa petition you often have 2 options: Refile a new petition with USCIS File an Appeal to the AAO There are certain situations where refiling with USCIS is not an option. Advantages of Filing an Appeal to the AAO: You can use the administrative review process to … Read more
From uscis.gov on July 1st 2020. In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants and petitioners who are responding to certain: Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices of Intent to … Read more
The June 2020 signed executive order applies to all H4 visa holders, who are outside of US and do not have a valid H4 Visa stamp in their passport now. It applies to all H4 holders, including spouses and children. The executive order quotes this as “any alien accompanying or following to join such alien”. … Read more
