The U.S. Citizenship and Immigration Services (USCIS) issued a draft policy memorandum on November 20, 2015, addressing the same-or-similar occupational classification requirement for job portability under the American Competitiveness in the Twenty-First Century Act (AC21). AC21 allows an individual who has an employment-based (EB) application for adjustment...
The U.S. Department of Homeland Security (DHS) is making it easier for Nepali F-1 students, experiencing financial difficulties as a result of the April 25, 2015 earthquake in Nepal, to obtain employment authorization documents (EADs). In a notice published on November 9, 2015, the DHS announced...
The Murthy Law Firm has received many inquiries from those seeking advice on returning to the United States in H1B status after having used only a portion of the six years of H1B status generally allowed. In a typical scenario, the individual obtains the H1B...
On November 19, 2015, the U.S. Department of Homeland Security (DHS) submitted a proposed rule, entitled "Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-B Alien Workers," to the Office of Management and Budget (OMB). No specifics are provided regarding...
Newcomers to the United States face many practical challenges adapting to a new country. In an effort to ease this transition, the U.S. Citizenship and Immigration Services (USCIS) has released updated online resources, intended to "help you settle into everyday life in the U.S." The guide,...
The U.S. Department of State (DOS) provides a monthly visa bulletin explanation, through Charles Oppenheim, Chief of the Visa Control and Reporting Division. This month, Mr. Oppenheim provides more details regarding the predictions in the December 2015 Visa Bulletin, as well as insights into the reasons...
For the December 2015 Visa Bulletin, the U.S. Citizenship and Immigration Services (USCIS) is limiting the filing of adjustment of status applications (form I-485s) to the cutoff dates listed in final action (FA) chart for all employment-based (EB) cases. For family-based (FB) cases, the more-favorable...
The visa Interview Waiver Program (IWP) allows eligible foreign nationals who are applying to renew a nonimmigrant visa "stamp" to request that the standard requirement of an in-person interview at a U.S. consulate or embassy be waived. A recent change to the eligibility criteria will...
The U.S. Department of State (DOS) December 2015 Visa Bulletin contains modest advancements in the employment-based (EB) final action (FA) cutoff dates. The cutoff dates in the date of filing (DF) chart remain unchanged. As of the time of this writing, the U.S. Citizenship and Immigration...
On November 9, 2015, the U.S. Court of Appeals for the Fifth Circuit ruled against President Barack Obama's Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and the expansion of the Deferred Action for Childhood Arrivals (DACA) program. Barring a reversal...
