Latest Blog Posts By Category

  • Business Visa

    The latest posts for Business Visa are listed below.
    • How Do the Recent Employment-Based Visa Changes Affect Me?

      Rules on immigration have been experiencing upheaval recently. The current U.S. president’s executive order banning about 218 million people from entering the country concerned millions of others across the United States. Countries around the world also found it cause for concern, as many immigrants flock to the country on visas that could be rendered useless by another such order. For now, a ...
    • Alternatives to the H-1B Visa

      Obtaining a business visa for the United States can be tougher than it appears. The US Citizen and Immigration Services reached its quota of 236,000 H-1B petitions for the fiscal year of 2017 within the first week of opening the pool in April. On April 9, USCIS used a computer-generated lottery to randomly select petitions for the general category cap and the advanced degree cap. As USCIS will ...
    • Senator Charles E. Grassley's Letter Regarding Potential Fraud in the Use of B-1 Business Visas and the 'B-1 in lieu of H-1B' Note in the Foreign Affairs Manual

      Dear Secretary Clinton and Secretary Napolitano: I'm very concerned about fraudulent actions that at least one foreign-based company has allegedly been taking in order to get around the requirements and U.S. worker protections of the H-1B visa program, and more generally, about provisions in current guidance to visa adjudicators that actually authorize such evasion of Congressional intent. On ...

    Employer Verification Questionnaire

    The latest posts for Employer Verification Questionnaire are listed below.
    • Employer Verification Questionnaire Sample Sent to Employer by FDNS

      The Vermont Service Center’s Fraud Detection and National Security unit (FDNS) recently sent a H-1B employer an employment verification questionnaire. An employer would typically be sent this type of questionnaire after an H-1B employee commences work. This type of worksheet would be used by FDNS to determine whether the employer is complying with the terms of the H-1B petition.

    Firm News

    The latest posts for Firm News are listed below.
    • USCIS Issues Additional Information to Employers Whose H-1B Petitions for Health Care Specialty Occupations Have Been Denied

      WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today issued guidance to certain employers who received a denial of Form I-129, Petition for Nonimmigrant Worker, requesting H-1B classification for a beneficiary to practice in a health care specialty occupation prior to May 20, 2009. If the Form I-129 was denied solely on the basis that the beneficiary did not possess a Master’s or ...
    • Neufeld Memo on 1-751 Filed Prior to Termination of Marriage

      U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Domestic Operations Directorate Washington, DC 20529-2110 I See Immigration and Naturalization Service Memorandum, "Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage," dated April 10, 2003. 2 A CPR who is separated from the petitioning spouse, or has initiated divorce or ...
    • USCIS Releases Immigration Q&As for Members of Armed Forces and Their Families

      Immigration Information for Members of the U.S. Armed Forces and their Families Background U.S. Citizenship and Immigration Services (USCIS) offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad. USCIS established a military assistance team to ensure that the military community receives quick ...

    Foreign Affairs

    The latest posts for Foreign Affairs are listed below.
    • New DOS rule regarding alien conduct inconsistent with his or her non-immigrant status within 90 days of entry

      On September 1, 2017, the U.S. Department of State (“DOS”) updated the Field Adjudicators Manual (“FAM”) by adding a new rule so as to provide U.S. consular officers with new guidance relating to the term “misrepresentation” as it relates to aliens in the U.S. If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry, the US Consular ...
    • The International Entrepreneurial Rule Faces Delay And Possibly Rescission

      The International Entrepreneurial Rule, announced in January 2017, was supposed to go into effect July 17, 2017, but the Department of Homeland Security issued a memo on July 10, 2017 delaying its implementation until March 14, 2018. According to the memo, this delay will provide DHS with an opportunity to obtain comments from the public regarding a proposal to rescind the rule pursuant to ...
    • Supreme Court temporarily allows broader exemptions for relatives from countries affected by Travel Ban

      The Supreme Court has for the time being allowed the Trump administration to implement restrictions on the nation's refugee program, but it let stand a lower court order from Hawaii regarding the extended definition of a ‘close familial relationship’. The Supreme Court stated last month that the Travel Ban could go into effect and be applied to people from Iran, Libya, Somalia, Sudan, Syria and ...

    Foreign Workers

    The latest posts for Foreign Workers are listed below.
    • USCIS Resumes Premium Processing for all H-1B Petitions Effective Immediately

      On October 3, 2017, USCIS announced that premium processing was once again available to all Petitioners seeking H-1B visas. H-1B visas allow skilled workers in certain specialty occupations to temporarily work and reside in the United States. When a request for premium processing is made and the requisite fee is paid, USCIS has 15 calendar days during which to make a decision on the application. ...
    • One-Time Increase in H-2B Nonimmigrant Visas for FY 2017

      On July 19, 2017, the Department of Homeland Security and Labor published a final rule increasing the numerical limit (“cap”) on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of fiscal year (FY) 2017, beyond the annual cap of 66,000 visas allotted for this current fiscal year. These visas will be available only to American businesses which attest that they will likely ...
    • USCIS Requirements for the O and P Visa Classifications

      As of November 27, 2009, U.S. Citizenship and Immigration Services (USCIS) published a guidance memorandum entitled Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications. The O nonimmigrant visa classification provides for the admission of people with extraordinary ability in the sciences, arts, education, business, athletics, motion picture and television ...

    Immigrant Employment

    The latest posts for Immigrant Employment are listed below.
    • Employment-based green card applicants to be subject to in-person interview

      Effective October 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will require employment-based visa holders who are applying for lawful permanent residence to attend an in-person interview. Currently, such interviews are generally waived. However, under the new policy, such waivers won't be granted. USCIS has not released any information concerning logistics and staffing, but ...
    • Do I Qualify for an H-1B Visa?

      An H-1B Visa is for temporary specialty workers who meet specific requirements and immigration regulations. To qualify for an H-1B Visa, you must do the following. Basic Requirements You have to be coming to the U.S. to perform services in a specialty occupation. Jobs that require the theoretical and practical application of a body of highly specialized knowledge, are considered specialty ...
    • Uncertainty Surrounds the H-1B Visa Program

      The H-1B Visa has helped thousands of foreign workers secure gainful employment here in the United States. The program offers work visas for jobs that require theoretical and practical application of a body of highly specialized knowledge. Those who have obtained an H-1B Visa often see this milestone as the start of a long and hopefully permanent stay in the U.S. However, since the election of ...

    Immigrant Investors

    The latest posts for Immigrant Investors are listed below.

    Immigrant Petition

    The latest posts for Immigrant Petition are listed below.
    • Filing for Permanent Residency as a Refugee

      Refugees and asylees seeking shelter and sanctuary in the United States seem to be at the top of every headline in recent weeks as the conflict in Syria rages on. While many citizens wonder if the refugees will be forced to leave, the refugees themselves need to start thinking about how they can legally stay. Although it might not be common knowledge, people who have been refugees or held asylum ...
    • AILA Releases Full Summary of Day 2 of S.744 Markup

      On May 14, 2013, the Senate Judiciary Committee wrapped up Day 2 of its review and markup of the Senate's Immigration Reform Bill (S. 744), getting through most of Title IV of the Bill regarding changes to non-immigrant visa provisions. Republican and Democrat lawmakers passed fifteen (15) amendments. The "Gang of Eight" remained committed to the core provisions of the Bill, with the two ...
    • Immigrant Petition Statistics for EB-1 Alien Worker (I-140) Category

      United States Citizen and Immigration Services (USCIS) released its statistics for the Fiscal Year 2010-2011, relating to the immigrant classifications for alien’s with extraordinary ability, outstanding professors or researchers, and multinational executives or managers. From January 2011 to July 20, 2011, the Nebraska Service Center received 840 applications for immigrants in the classification ...

    Immigrants

    The latest posts for Immigrants are listed below.
    • Employment-based green card applicants to be subject to in-person interview

      Effective October 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will require employment-based visa holders who are applying for lawful permanent residence to attend an in-person interview. Currently, such interviews are generally waived. However, under the new policy, such waivers won't be granted. USCIS has not released any information concerning logistics and staffing, but ...
    • The International Entrepreneurial Rule Faces Delay And Possibly Rescission

      The International Entrepreneurial Rule, announced in January 2017, was supposed to go into effect July 17, 2017, but the Department of Homeland Security issued a memo on July 10, 2017 delaying its implementation until March 14, 2018. According to the memo, this delay will provide DHS with an opportunity to obtain comments from the public regarding a proposal to rescind the rule pursuant to ...
    • VAWA in the New Administration

      The Violence Against Women Act (VAWA) was first passed in 1994 and offers immigrants fleeing abuse and violence a path to obtain legal immigrant status in the United States. It has been reauthorized multiple times throughout the past administrations, but the Trump administration has indicated that it is considering significant cuts to the Act’s grant funding. These cuts can be especially ...

    Immigration Attorneys

    The latest posts for Immigration Attorneys are listed below.
    • Uncertainty Surrounds the H-1B Visa Program

      The H-1B Visa has helped thousands of foreign workers secure gainful employment here in the United States. The program offers work visas for jobs that require theoretical and practical application of a body of highly specialized knowledge. Those who have obtained an H-1B Visa often see this milestone as the start of a long and hopefully permanent stay in the U.S. However, since the election of ...
    • No Eyeglasses in Visa Photographs (Effective November 1, 2016)

      The U.S. Department of State recently updated the photo requirements for visa applications. Previously, eyeglasses did not need to be removed when taking a visa or passport photograph as long as they were not causing a glare. However, starting from November 1, 2016, eyeglasses will no longer be allowed in visa photos. The other requirements remain the same: 2 x 2 inches in size, taken in the last ...
    • USCIS Issues Additional Information to Employers Whose H-1B Petitions for Health Care Specialty Occupations Have Been Denied

      WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today issued guidance to certain employers who received a denial of Form I-129, Petition for Nonimmigrant Worker, requesting H-1B classification for a beneficiary to practice in a health care specialty occupation prior to May 20, 2009. If the Form I-129 was denied solely on the basis that the beneficiary did not possess a Master’s or ...

    In the News

    The latest posts for In the News are listed below.
    • USCIS Resumes Premium Processing for all H-1B Petitions Effective Immediately

      On October 3, 2017, USCIS announced that premium processing was once again available to all Petitioners seeking H-1B visas. H-1B visas allow skilled workers in certain specialty occupations to temporarily work and reside in the United States. When a request for premium processing is made and the requisite fee is paid, USCIS has 15 calendar days during which to make a decision on the application. ...
    • Employment-based green card applicants to be subject to in-person interview

      Effective October 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will require employment-based visa holders who are applying for lawful permanent residence to attend an in-person interview. Currently, such interviews are generally waived. However, under the new policy, such waivers won't be granted. USCIS has not released any information concerning logistics and staffing, but ...
    • State Department issues Travel Ban Guidelines

      The State Department is putting new criteria in place for visa applicants from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen and all refugees, requiring a close family or business tie to the United States. The announcement comes after the Supreme Court partially restored President Donald Trump’s Executive Order that had temporarily banned visas for citizens of the six mostly Muslim countries. ...

    Legal Permanent Residency

    The latest posts for Legal Permanent Residency are listed below.
    • Do I Qualify for an H-1B Visa?

      An H-1B Visa is for temporary specialty workers who meet specific requirements and immigration regulations. To qualify for an H-1B Visa, you must do the following. Basic Requirements You have to be coming to the U.S. to perform services in a specialty occupation. Jobs that require the theoretical and practical application of a body of highly specialized knowledge, are considered specialty ...
    • The K-1 Fiancé(e) Visa Process

      A K-1 visa is a nonimmigrant visa that can be issued to the fiancé or fiancée of a U.S. citizen for the purpose of entering the U.S. to get married. After the marriage, it is possible for the foreign spouse to apply for lawful residence through a process known as the adjustment of status. Find out more about the process of obtaining a fiancé visa. Am I Eligible for a Fiancé Visa? In order to be ...
    • VAWA in the New Administration

      The Violence Against Women Act (VAWA) was first passed in 1994 and offers immigrants fleeing abuse and violence a path to obtain legal immigrant status in the United States. It has been reauthorized multiple times throughout the past administrations, but the Trump administration has indicated that it is considering significant cuts to the Act’s grant funding. These cuts can be especially ...

    Nonimmigrant Visa

    The latest posts for Nonimmigrant Visa are listed below.
    • USCIS Resumes Premium Processing for all H-1B Petitions Effective Immediately

      On October 3, 2017, USCIS announced that premium processing was once again available to all Petitioners seeking H-1B visas. H-1B visas allow skilled workers in certain specialty occupations to temporarily work and reside in the United States. When a request for premium processing is made and the requisite fee is paid, USCIS has 15 calendar days during which to make a decision on the application. ...
    • One-Time Increase in H-2B Nonimmigrant Visas for FY 2017

      On July 19, 2017, the Department of Homeland Security and Labor published a final rule increasing the numerical limit (“cap”) on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of fiscal year (FY) 2017, beyond the annual cap of 66,000 visas allotted for this current fiscal year. These visas will be available only to American businesses which attest that they will likely ...
    • The K-1 Fiancé(e) Visa Process

      A K-1 visa is a nonimmigrant visa that can be issued to the fiancé or fiancée of a U.S. citizen for the purpose of entering the U.S. to get married. After the marriage, it is possible for the foreign spouse to apply for lawful residence through a process known as the adjustment of status. Find out more about the process of obtaining a fiancé visa. Am I Eligible for a Fiancé Visa? In order to be ...

    Permanent Resident

    The latest posts for Permanent Resident are listed below.
    • The K-1 Fiancé(e) Visa Process

      A K-1 visa is a nonimmigrant visa that can be issued to the fiancé or fiancée of a U.S. citizen for the purpose of entering the U.S. to get married. After the marriage, it is possible for the foreign spouse to apply for lawful residence through a process known as the adjustment of status. Find out more about the process of obtaining a fiancé visa. Am I Eligible for a Fiancé Visa? In order to be ...
    • VAWA in the New Administration

      The Violence Against Women Act (VAWA) was first passed in 1994 and offers immigrants fleeing abuse and violence a path to obtain legal immigrant status in the United States. It has been reauthorized multiple times throughout the past administrations, but the Trump administration has indicated that it is considering significant cuts to the Act’s grant funding. These cuts can be especially ...

    Statistics

    The latest posts for Statistics are listed below.
    • Selected Statistics for FY2011 Released

      The Office of Foreign Labor Certification (OFLC) released a worksheet detailing selected statistics for fiscal years 2011. According to the statistics the OFLC received 43,179 online PERM applications between October 2010 and May 2011. Only 1,905 mail-in applications were received for the same year. The newly released statistics also stated that of the active PERM cases (as of May 31, 2011), 37 ...

    Student Exchange Programs

    The latest posts for Student Exchange Programs are listed below.
    • University of Northern Virginia SEVP Program is in the Process of Being Revoked

      Students from the University of Northern Virginia should be aware that a Student and Exchange Visitor Program (SEVP) representative recently served the school’s officials with a Notice of Intent to Withdraw the school’s SEVP-certification and SEVIS access. Students at the University of Northern Virginia are now left with two options: 1) Continue to attend classes and maintain their active status ...

    Students

    The latest posts for Students are listed below.
    • Changes to Guidelines for F-1 Nonimmigrant Student Visas

      The Department of Homeland Security (DHS) amended its F-1 nonimmigrant student visa guidelines for students who obtain degrees in in science, technology, engineering, or mathematics (STEM) from colleges or universities in the United States and who elect to pursue an Optional Practical Training (OPT). Effective May 10, 2016, the F-1 students who complete a STEM degree, and who have elected to ...
    • F-1 Students at California Community Colleges Have Trouble Maintaining Status

      Include at least one course (three credit hours) per term requiring physical presence at the college; Permit counting more than one online course toward meeting the full course of study requirement, as opposed to the current maximum identified in the regulations; Not count conditions described in the previous two bullets toward limits otherwise placed on reduced course load.

    Temporary Travel

    The latest posts for Temporary Travel are listed below.
    • President Donald Trump Issues New Travel Ban

      President Trump has issued a presidential proclamation banning or restricting travel from eight countries, adding Chad and Venezuela and North Korea to the original list of Iran, Libya, Somalia, Syria, and Yemen. Nationals of Sudan, who were impacted by earlier versions of the travel ban, are not included in the proclamation as senior administration officials said a review of Sudan’s cooperation ...
    • Department of State Implements New DS-160 Form

      The Department of State (DOS) has recently launched a new version of Form DS-160 Nonimmigrant Visa Application. The DS-160 is a fully integrated online form that is used to collect important information about a person seeking a nonimmigrant visa for temporary travel to the United States. The form is submitted electronically, via the Internet, to the Department of State. This form is then used to ...

    VAWA

    The latest posts for VAWA are listed below.
    • VAWA in the New Administration

      The Violence Against Women Act (VAWA) was first passed in 1994 and offers immigrants fleeing abuse and violence a path to obtain legal immigrant status in the United States. It has been reauthorized multiple times throughout the past administrations, but the Trump administration has indicated that it is considering significant cuts to the Act’s grant funding. These cuts can be especially ...

    Verma Law Firm

    The latest posts for Verma Law Firm are listed below.
    • USCIS Issues Additional Information to Employers Whose H-1B Petitions for Health Care Specialty Occupations Have Been Denied

      WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today issued guidance to certain employers who received a denial of Form I-129, Petition for Nonimmigrant Worker, requesting H-1B classification for a beneficiary to practice in a health care specialty occupation prior to May 20, 2009. If the Form I-129 was denied solely on the basis that the beneficiary did not possess a Master’s or ...
    • Neufeld Memo on 1-751 Filed Prior to Termination of Marriage

      U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Domestic Operations Directorate Washington, DC 20529-2110 I See Immigration and Naturalization Service Memorandum, "Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage," dated April 10, 2003. 2 A CPR who is separated from the petitioning spouse, or has initiated divorce or ...
    • USCIS Releases Immigration Q&As for Members of Armed Forces and Their Families

      Immigration Information for Members of the U.S. Armed Forces and their Families Background U.S. Citizenship and Immigration Services (USCIS) offers immigration services and resources specifically for members of the U.S. Armed Forces and their families who are stationed in the United States and abroad. USCIS established a military assistance team to ensure that the military community receives quick ...

    Visa Office

    The latest posts for Visa Office are listed below.
    • The K-1 Fiancé(e) Visa Process

      A K-1 visa is a nonimmigrant visa that can be issued to the fiancé or fiancée of a U.S. citizen for the purpose of entering the U.S. to get married. After the marriage, it is possible for the foreign spouse to apply for lawful residence through a process known as the adjustment of status. Find out more about the process of obtaining a fiancé visa. Am I Eligible for a Fiancé Visa? In order to be ...
    • Filing for Permanent Residency as a Refugee

      Refugees and asylees seeking shelter and sanctuary in the United States seem to be at the top of every headline in recent weeks as the conflict in Syria rages on. While many citizens wonder if the refugees will be forced to leave, the refugees themselves need to start thinking about how they can legally stay. Although it might not be common knowledge, people who have been refugees or held asylum ...
    • USCIS Accepting Inquiries into H-1B Extension

      Currently, USCIS is taking longer than 6 months to adjudicate H-1B Extension petitions and H-1B Transfer petitions. On April 21, 2016, USCICS announced that Petitioners may submit an inquiry to USCIS if their H-1B Extension or Transfer petitions have been pending for more than 210 days. In order to submit an inquiry, the Petitioner must 1) call the National Customer Service Center at ...

    Visas

    The latest posts for Visas are listed below.
    • USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

      On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap, five months after it was suspended temporarily in order to handle the huge rush of petitions that were being filed. The FY 2018 cap has been set at 65,000 visas. Premium processing for the annual 20,000 additional petitions that ...
    • Do I Qualify for an H-1B Visa?

      An H-1B Visa is for temporary specialty workers who meet specific requirements and immigration regulations. To qualify for an H-1B Visa, you must do the following. Basic Requirements You have to be coming to the U.S. to perform services in a specialty occupation. Jobs that require the theoretical and practical application of a body of highly specialized knowledge, are considered specialty ...
    • Uncertainty Surrounds the H-1B Visa Program

      The H-1B Visa has helped thousands of foreign workers secure gainful employment here in the United States. The program offers work visas for jobs that require theoretical and practical application of a body of highly specialized knowledge. Those who have obtained an H-1B Visa often see this milestone as the start of a long and hopefully permanent stay in the U.S. However, since the election of ...

    Wages

    The latest posts for Wages are listed below.
    • The Office of Foreign Labor Certification releasese Q&A's on Delays

      OFLC issues Q&A's regarding delays in the issuance of the prevailing wage determinations and H-1B Labor Condition Applications; information on alternative sources for obtaining a prevailing wage in support of an H-1B application. Visit the website for more details: http://www.foreignlaborcert.doleta.gov/pdf/PWD_FAQ_Backlog.pdf
    • DOL Updates Online Wage Library

      DOL Updates Online Wage Library The Department of Labor's Foreign Labor Certification Data Center has updated the the Online Wage Library for prevailing wage determinations. Wages for the 7/2011 - 6/2012 program year are now available and are effective 7/1/2011. View them at Online Wage Library
    • DOL's Prevailing Wage Determinations Temporarily Suspended

      As of August 11, 2011, the Department of Labor’s (DOL) National Prevailing Wage Center (NPWC) has temporarily suspended processing of Prevailing Wage Determinations (PWDs). In addition, DOL is not reviewing requests for reconsideration or appeals to the Center Director. Our office has not received PWD from DOL since July 01, 2011. The NPWC is required to reissue approximately 4,000 H-2B wage ...

    Waivers

    The latest posts for Waivers are listed below.
    • Protecting Your Status with a Provisional Unlawful Presence Waiver

      The Illegal Immigration Reform and Responsibility Act (IIRAIRA) created a three-year bar and 10- year bar on re-entry into the United States for various immigration violations. Will you be applying for the provisional unlawful presence waiver to protect your status? At the Verma Law Firm , our immigration lawyers serve San Jose, the Silicon Valley, and the surrounding areas with knowledgeable and ...
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