USCIS Alters Policy on When Unlawful Presence Begins for Certain Nonimmigrants

USCIS Alters Policy on When Unlawful Presence Begins for Certain Nonimmigrants

On May 11, 2018, U.S. Citizenship and Immigration Services (USCIS) announced a policy change regarding when nonimmigrant exchange visitors and students will start to accrue unlawful presence. As background, a nonimmigrant who remains in the United States longer than the stated date on their Form I-94 by more than 180 days is barred from obtaining …

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Despite obstacles, FY2019 H-1B demand remains high

The U.S. Citizenship and Immigration Services (USCIS) announced on April 6, 2018 that it has reached its 65,000 annual cap for H-1B visas for upcoming FY2019, just five days after the H-1B filing season began on April 2, 2018. USCIS received approximately 190,000 FY2019 H-1B petitions, down only 9,000 from FY2018. USCIS also received enough …

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USCIS announces additional restrictions on certain H-1B petitions

USCIS announces additional restrictions on certain H-1B petitions

The U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum on February 22, 2018, that requires U.S. employers filing H-1B petitions for employees at third-party work sites to submit additional documents and evidence. The new restrictions mean H-1B petitioners will now have to show that the H-1B beneficiary has ‚Äúspecific and non-speculative qualifying …

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USCIS sets out new standard for National Interest Waiver petitions

In a recent decision by the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS), the AAO set out a new standard to adjudicate National Interest Waiver (NIW) employment based immigrant visa petitions. As background, an employment based immigrant visa petition in the advanced degree or exceptional ability category requires an employer …

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H-1B employers sue USCIS alleging that lottery regulations are invalid

Two companies have sued the U.S. Citizenship and Immigration Services (USCIS) seeking to set aside the current H-1B visa lottery system. The H-1B visa classification permits a U.S. employer to offer a professional position to a degreed foreign national and employ that foreign national to work in such a position in the United States. Tenrec, …

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CRS issues a report on the EB-5 program in advance of congressional debate

The Congressional Research Service (CRS) has issued a report on the EB-5 Immigrant Investor Visa program, a program that grants permanent resident status to certain foreign nationals who make sizable investments in the United States which create United States employment. The EB-5 program is set to expire on September 30, 2016, and the report comes …

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