There are three typical outcomes for visa applicants at U.S. embassies and consulates overseas: approval, outright refusal, or refusal under § 221(g) of the Immigration and Nationality Act (INA). A 221(g) refusal - commonly referred to as "administrative processing" - generally occurs for one of...
Answer Generally, a start-up may sponsor workers for green cards. But, like all other companies, an 'ability to pay' the foreign worker being sponsored likely will be required. Depending on the circumstances, this can be a bit more challenging to prove for a new company. (09.Jan.2017)In...
For an employment-based case filed with the U.S. Citizenship and Immigration Services (USCIS), it is not uncommon for the petitioning employer to be issued a request for evidence (RFE) asking for clarification on mismatched information found in the Validation Instrument for Business Enterprise (VIBE) system....
On December 23, 2016, the U.S. Citizenship and Immigration Services (USCIS) is implementing a substantial filing fee increase for nearly all case types. The raised fees apply to cases received by the USCIS on or after December 23rd. A more detailed overview of the raise...
Representatives of the Student and Exchange Visitor Program (SEVP) recently addressed some common questions regarding the completion of the training plan for STEM OPT students (form I-983). A number of important topics were discussed, including the issue of potentially placing an F-1 STEM OPT student...
On October 24, 2016, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that adopts the Administrative Appeals Office (AAO) decision in Matter of R-C-C-S-D- as official guidance for USCIS personnel. The AAO decision held that a public language immersion school may qualify...
Publication of a new employment eligibility verification form (form I-9) is expected on the U.S. Citizenship and Immigration Services (USCIS) website by November 22, 2016. Employers are allowed to continue using the existing I-9 form, which has an expiration date of March 31, 2016, until...
President Barack Obama directed the U.S. Department of Labor (DOL) to update and modernize the PERM Labor Certification (PERM LC) program in 2014. On September 12, 2016, however, a DOL official stated that the PERM regulations are currently under review, but that it is "highly...
Last night, the U.S. House of Representatives passed a stopgap bill to fund the federal government through Friday, December 9, 2016. This bill also serves to extend the employment-based, fifth preference (EB5) regional center program for the same time period. This stopgap bill was also...
The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) held a teleconference on August 31, 2016 to discuss processing delays for certain types of cases. More specifically, the teleconference focused on adjudication delays of applications for employment authorization documents (EADs), change-of-status (COS) applications, and H1B petitions...
