The two most well-known results of H1B applications are simple: approvals and denials. However, there’s a third possible response your H1B application may receive. In some instances, you may receive a “Request for Evidence” from USCIS. This is neither an approval nor a denial; it’s a sign that your application wasn’t complete. If you’ve received a Request for Evidence, don’t
The U.S. Citizenship and Immigration Services H1-B visa lottery has ended and the petition submission phase for those who were selected has begun. After USCIS H1-B visa registrations are marked “Selected,” those lottery winners will be able to download a PDF of the H-1B cap Registration Selection notice. This document includes detailed information about both your employee (the petitioner) and the
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
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
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
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
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
Consular sections will resume providing all routine visa services as it is safe to do so in that location using a tiered approach to triage immigrant visa applications based on the category of immigrant visa as they resume and expand processing.
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
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.
The employers’ step-by-step guide to
THE H1-B PROCESS
FY2024
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