Answer The I-140 is based on a particular job. If that exact job is no longer being offered to you when the priority date becomes current, the I-140 cannot be used to file one's I-485 application. A new PERM and I-140 typically would be required for...
Thursday evening, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memo that appears to greatly expand the situations in which a foreign national is to be issued a notice to appear (NTA). An NTA is a charging document that initiates removal (i.e. deportation)...
Although the website for the U.S. Department of Labor (DOL) was recently updated to indicate that a key memorandum on roving employees was "canceled," the DOL has since then confirmed that the memo remains in effect. The memo was written in 1994 by the then-Administrator...
Answer There is older USCIS guidance that permits travel while an amendment is pending, as long as the H1B visa "stamp" and the original H1B approval are unexpired. In the current environment, however, it generally is safer to await the approval to avoid uncertainty at the...
Answer There normally is no particular reason that the USCIS would have concerns about two I-140 petitions in different classifications. An RFE is unlikely on this matter. (11.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
The P-1 nonimmigrant visa category is divided into two subcategories: P1A, which is reserved for internationally recognized athletes, and P1B, which is available to members of an internationally recognized entertainment group. The focus here is the P1B visa. Group Must Consist of Two or More Individuals Unlike...
Recently, the Employee Rights Section (IER) of the U.S. Department of Justice (DOJ) and the Fraud Detection and National Security Directorate (FDNS) of the U.S. Citizenship and Immigration Services (USCIS) announced a new memorandum of understanding (MOU) regarding information sharing for interagency referrals. This apparently...
The U.S. Citizenship and Immigration Services (USCIS) has published the annual report for fiscal year (FY) 2017 that details characteristics of H1B petitions. FY17 ran from October 1, 2016 through September 30, 2017. The report provides data related to H1B petitions filed during FY17, including...
On May 11, 2018, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that will substantially change the rules regarding unlawful presence (ULP) as they apply to those in F, J, and M status. The new rules are scheduled to go into effect...
The U.S. Citizenship and Immigration Services (USCIS) announced on May 15, 2018 that the data entry process has been completed for all cases selected in the fiscal year 2019 (FY19) H1B lottery. The USCIS will now begin returning all cap-subject petitions that were not selected.The...
