USCIS Issues Guidance on When to File an H-1B Amendment

On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file an H-1B Amendment when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated: When H-1B employees change their place of...
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No Quota or Filing Deadline Imposed on H-4 EAD Benefit

As reported in our last newsletter, the Department of Homeland Security has finalized a regulatory change that will allow certain H4 dependent spouses to apply for employment authorization documents (EADs). The new regulation will go into effect on May 26, 2015 and remain open for applications thereafter. There is no specific time limit nor quota imposed on the H-4 EAD benefit. This is unlike the...
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USCIS Temporarily Suspends Premium Processing for H-1B Extensions

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B...
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June 2015 Visa Bulletin – EB-2 China/India Move Forward

The U.S. Department of State (DOS) released its June 2015 Visa Bulletin. The Visa Bulletin sets forth per country priority dates that regulate the ability of an individual to file an adjustment of status application or consular process at a U.S. Embassy. The big news is that EB-2 India moved forward October 1, 2008 and EB-2 China moved forward to June 1, 2013.  Foreign nationals can file an...
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USCIS Completes Data Entry for all H-1B Cap Cases

USCIS announced on May 4, 2015, that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in the computer-generated random process. USCIS will now begin returning all H-1B cap- subject petitions that were not selected. They will issue an announcement once all the petitions have been returned. From what we’ve seen, USCIS has emailed all premium processing...
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