Premium Processing Resumes for H-1B Extension of Stay Petitions
On May 19, 2015, Premium Processing Service was suspended for Form I-129 H-1B extension of stay petitions. The suspension was required to enable USCIS to begin acceptance of Employment Authorization applications for Certain H-4 Dependent Spouses under the new and welcomed regulation. USCIS has now determined that the agency can once again resume Premium […]
Navigating the H-4 EAD Process: Be Ready to File
Moments after President Obama announced that he would be expediting H-4 work authorizations last November, I received a call from a client inquiring about how to start the application process for his wife. I can understand their desire to jump on the opportunity. The green card acquisition process can drag on for years, testing […]
Employment Authorization for H-4 Spouses: Final Rule Published
U.S. Citizenship and Immigration Services (USCIS) has published a final rule allowing certain H-4 spouses of H-1B temporary work visa holders to apply for an employment authorization document (EAD) beginning May 26, 2015. To minimize delays, eligible H-4 spouses should contact our law firm now to begin preparing the required application and supporting evidence. Background U.S. businesses use the […]
Executive Action on Immigration to Affect Millions
Did you watch the President address the nation live last week? On November 20, 2014, President Obama announced a series of executive actions, including: cracking down on illegal immigration at the border, prioritizing deportation of felons (details of which are still unclear), and requiring certain undocumented immigrants to pass a criminal background check and pay […]
Spousal H-4 Visa Holders: Important Changes on the Horizon Regarding Employment Authorization For Certain H-4 Dependent Spouses
In May 2014, the Department of Homeland Security announced a proposed rule to allow for work authorization for certain spouses of H-1B visa holders. The work permit is called an Employment Authorization Document or EAD. No time frame has yet been finalized for this benefit. Employment authorization could be extended to H-4 nonimmigrant spouses in […]
U.S. Department of Sate Passport and Consular Consolidated Database (CCD) Crash update as of August 4th, 2014
The Department of State (DOS) continues to work and make progress to restore the visa system to full capacity and functionality. It is anticipated it will take weeks to resume full visa processing capacity. Visa applicants are advised they might still experience delays of up to one week in addition to normal processing times. Applicants […]
GOING, GOING, GONE! USCIS’ FY 2015 H-1B CAP
U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2014, that it had received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2015, which begins on October 1, 2014. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advance degree exemption. Approximately […]
When You Need an Amended H-1B Petition
One of my H-1B clients is often on the go. He travels to customers all over the United States. USCIS classifies him as a “peripatetic” employee, recognizing the significance of his mobility to do his job. H-1B employee mobility makes USCIS uncomfortable. In fact, on April 9, 2015, the USCIS Administrative Appeals Office (AAO) […]