Employees

USCIS Introduces New I-551 Stamp Mail Delivery Process

The United States Citizenship and Immigration Services (USCIS) has recently announced an  update that has introduced a new I-551 stamp mail delivery process, easing the way immigrants receive their lawful permanent resident status while waiting for their physical green cards. This helpful step is designed to streamline the process and reduce in-person appointments at local [...]

By |2023-05-22T10:12:37-04:00May 22nd, 2023|Employees, News Alert, Travel|

H-1B Alternatives: What Are The Available Visa Options?

Many of our readers are aware that as of March 29th, USCIS had received historically high (780,884) number of H-1B cap registrations which is sufficient number to fill the annual H-1B quota and they have completed the random lottery to allocate the [...]

By |2023-05-11T09:42:04-04:00March 27th, 2023|Articles, Employees, Employers, H-1B, News|

Layoffs and Options for Terminated Nonimmigrant Workers and Options and Responsibilities for Their Employers

Layoffs and termination of employment is almost always a difficult process for both the employer and the impacted employee.   This is especially true for workers who are foreign nationals whose nonimmigrant status in the U.S. is [...]

By |2023-11-09T10:11:24-05:00December 20th, 2022|Articles, Employees, Employers, News, News Alert|

USCIS Changes I-90 Green Card Renewal Process and Eliminates Temporary Extension Sticker

Starting January 2021, USCIS will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Permanent Resident Card (“Green Card”) with a revised Form I-797, Notice of Action for Form I-90, Application to Replace Permanent Resident Card where applicants seek to renew an expiring green card. March [...]

By |2022-10-20T12:33:16-04:00October 20th, 2022|Articles, Employees, Employers, News, News Alert|

Public Charge: Are Unemployment Benefits Permitted?

UPDATE:   A new revised Final Rule is in effect starting December 23, 2022.  Please review this updated content. In light of the Coronavirus/Covid-19 pandemic and the resulting millions of workers (at least temporarily) losing their job, our office has been flooded with calls and emails about whether claiming unemployment insurance will give rise to inadmissibility [...]

By |2023-01-05T12:37:29-05:00March 30th, 2020|Articles, Employees, H-1B, News, News Alert|

USCIS Proposes Rule to Change H-1B Cap Lottery System and US Master’s Degree Lottery

The U.S. Citizenship and Immigration Service (“USCIS”) has published a proposed rule which seeks to amend in substantial ways the way the annual H-1B “cap” work visa applications and lottery are being filed and how the U.S. master’s degree applications are being allocated under the H-1B cap lottery. Please note that this is a proposed [...]

By |2018-12-06T11:33:00-05:00December 6th, 2018|Articles, Employees, Employers, H-1B, News, News Alert, Policy|

New USCIS Policy Creates I-140 Revocation Notice Rights to AC21 Porting Beneficiaries; Requires Proactive AC21 Porting Filing

In a November 11, 2017 Policy Memorandum, USCIS has formally adopted a recent AAO decision in Matter of V-S-G Inc. and has provided guidance on its impact on AC21 beneficiaries where the underlying I-140 immigrant petition is being revoked.   The new policy memorandum states that beneficiaries who have properly ported their green card process to [...]

By |2017-12-07T10:05:46-05:00December 7th, 2017|AOS, Articles, Employees, Employers, I-140, I-485, News, News Alert, Policy|

USCIS Creates 60-day Grace Period Following Termination of Employment for H-1Bs (and Others)

As part of a set of rule changes, collectively called “Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (see our full analysis) and effective as of January 17, 2017, USCIS [...]

By |2017-05-20T21:46:58-04:00February 24th, 2017|Articles, Employees, H-1B, News, News Alert|

U.S. Consular Officers Told To Enforce Simeio H-1B Amendment Requirements

In response to the changed H-1B petition amendment requirements following the Simeio decision, the U.S. State Department has circulated a cable to U.S. Consulates worldwide with specific guidance to consular officers on how to address H-1B visa stamping petitions where there is change of employment.      While the cable does not create new policies, it specifically [...]

By |2017-05-20T21:47:07-04:00December 22nd, 2015|Articles, Employees, Employers, H-1B, News, Visa Processing|

Can H-1B ‘Benching’ Lead to Criminal Indictment?

The short answer is yes. Benching H-1B workers can lead to a criminal visa fraud indictment. Employers who hire H-1B employees and fail to pay the wages indicated in the Labor Condition Application during a work stoppage may be violating the terms set forth in the Department of Labor regulations.  The practice of “benching” H-1B [...]

By |2014-11-19T16:19:38-05:00November 19th, 2014|Articles, Compliance, DOL, Employees, Employers, H-1B, News|

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