Immigration Solutions

USCIS To Adjudicate H-4, H-4 EAD, And L-2 Together With I-129

The settlement with the Department of Homeland Security (DHS) in Edakunni v. Mayorkas, which provides structural changes for nonimmigrant H-4 and L-2 spouses suffering from long delayed processing times which often lead to delayed employment authorization. On 1/20/2023, the government and plaintiffs have signed off on a settlement in which USCIS would agree to return … Read more

USCIS Issues Proposed Rule to Adjust Certain Immigration and Naturalization Fees

From uscis.gov on 1/3/23: U.S. Citizenship and Immigration Services (USCIS) receives approximately 96 percent of its funding from its customers in the form of filing fees, not from taxpayers in the form of Congressional appropriations. The last fee adjustment occurred in 2016. USCIS conducted a comprehensive fee review as we are required to do every … Read more

From USCIS on 12/19/22: Options for Nonimmigrant Workers Following Termination of Employment

From uscis.gov on 12/19/22 U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations. Below is a compilation of options that … Read more

Employment-Based Immigration Fees: Who Pays What?

We receive many questions as to who may pay immigration sponsorship fees for certain nonimmigrant petitions and the permanent residency (green card) process. H-1B, H-1B1, and E-3 Visas Regulations do not allow the employer to require that the beneficiary (employee) pay for or reimburse the employer’s expenses for USCIS fees or attorney fees associated with … Read more

Automatic 540 Day Employment Authorization Document (EAD) Extension – May 4, 2022

Certain applicants who have filed Form I-765, Application for Employment Authorization, qualify for automatic extensions of their expiring employment authorization and/or EADs for up to 540 days if they: Properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired, and Are otherwise eligible for a renewal, which … Read more

USCIS will no longer accept a single combined payment on certain forms filed together with an H1-B or H-1B1 petition

For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B … Read more

Vermont Service Center – New Mailing Addresses

Effective June 14, 2021, the Vermont Service Center will no longer receive any incoming mail at the St. Albans, VT facility, which is being decommissioned. Mail sent to the previous addresses will be forwarded for one year, but any mail sent to the previous addresses after June 2022 may be returned to the sender by the United States Postal Service or the courier … 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

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