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Year: 2021

Does the EB5 Visa Program Need A Tune-Up?

Congress created the EB5 visa program in 1990 as a tool to encourage foreign investments while giving immigrant investors the ability to attain lawful permanent residency and boosting the U.S. economy. However, critics say the program’s backlog discourages foreign investment. While the program’s aim to spur economic activity remains, the backlog – caused by increasing petition processing periods and the lack of

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Litwin & Smith 12/13/2021

3rd 2022 H1B Lottery Selection

USCIS recently determined the need to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, USCIS selected additional registrations from among previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and

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Litwin & Smith 11/23/2021

Considerations when seeking an employment-based adjustment of status

EB backlogs have long wait times for applicants around the world. Applicants from India and China, in particular, may have been caught in a decades-long wait. While you’re waiting for your priority date to become current, it is important that you maintain nonimmigrant status. You may be considering an employment-based adjustment of status. Options The American Competitiveness in the 21st

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Litwin & Smith 08/26/2021

Foreign students not selected in H1B cap lottery still have options

In recent years, the U.S. Citizenship and Immigration Services (USCIS) has implemented a program whereby a randomized lottery determines which applicants will be eligible for H1B cap petitions. The initial selection process for fiscal year 2022 has now come to an end. If your name was not selected in this lottery, what can you do? Fortunately, there are still many

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Litwin & Smith 05/18/2021

3 steps you can take early on to improve your odds of I-140 acceptance

Most people seeking an employment-based visa have to follow similar steps in the application process. The first step is labor certification. The second step, in most cases, is filing the I-140 petition. You may make it through the labor certification phase without a hitch, only to face denial at the I-140 phase. This can be extremely disappointing. However, there are

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Litwin & Smith 05/14/2021

Biden delays rule raising mandatory wages for H-1B workers

The Biden administration has delayed a controversial Trump-era rule that would raise mandatory minimum wages for foreign workers with the H-1B visa. It was scheduled to go into effect on March 15, but implementation is now extended to May 14. The Trump administration offered a revised version of the rule in January after losing a court battle over its initial

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Litwin & Smith 03/19/2021

USCIS May Reopen H1B Petitions Denied Under Trump Administration

U.S. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. A petitioner may request that USCIS reopen and/or reconsider adverse decisions based on the three rescinded policy memos by properly filing Form I-290B, Notice of Appeal or Motion, accompanied by the appropriate fee. 

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Litwin & Smith 03/15/2021

USCIS is no longer applying the Public Charge Rule

USCIS is no Longer Applying the Public Charge Rule Applicants and petitioners should not provide information or evidence related solely to the Public Charge Final Rule. Applicants for adjustment of status should not submit Form I-944, Declaration of Self Sufficiency, or any evidence or documentation required by Form I-944 when they file their Form I-485. Applicants and petitioners for extension

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Litwin & Smith 03/11/2021

Employers Prepare For H-1B Season!

Employers Prepare! The FY 2022 H-1B Cap Registration Begins March 9, 2021 The H-1B visa is one of the most coveted non-immigrant visas due to foreign nationals’ ability to have dual intent (the intent to enter the U.S. on a temporary work visa and obtain an adjustment of status to an immigrant visa eventually). However, the U.S. has a cap

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Litwin & Smith 02/16/2021

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The employers’ step-by-step guide to

THE H1-B PROCESS

FY2024

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