Today, the Department of Homeland Security (DHS) posted the Final Rule. The final rule will amend the regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap[Read More]
News & Alerts
USCIS will accept H-1B petitions on April 1, 2019 for the Fiscal Year (FY) 2020
USCIS will accept H-1B petitions on April 1, 2019 for the Fiscal Year (FY) 2020 H-1B quota cases. If the petition is approved the H-1B beneficiary can start working on October 1, 2019 or earlier if he/she is eligible for H-1B cap-gap. It is very important to start the H-1B sponsorship process well in advance[Read More]
Partial government shutdown in effect
A partial government shutdown is currently in effect. Approximately 25 percent of government functions are shut down. Immigration-related agencies that are impacted by the shutdown include the Department of Homeland Security and its immigration-related components (CBP, ICE, USCIS, CIS Ombudsman), the Department of Justice (EOIR), and the Department of State. · DOL: Is NOT impacted by this government[Read More]
Public Comments to Proposed Rule on Registration Requirement for Petitioners Seeking to File H–1B Petitions on Behalf of Cap-Subject Aliens
Attorney at Adhikari Law PLLC provided public comments to the proposed rule by USCIS governing H-1B program. Besides public comments invited by the government agencies, our attorneys regularly engage with government agencies and officials to improve the legal system and the processes which impact our clients. Our firm represents U.S. businesses seeking to retain international[Read More]
Department of Homeland Security to propose a merit-based rule to benefit U.S. graduate students and a mandatory online pre-registration requirement for cap-subject H-1B programs
Washington, DC. Department of Homeland Security (DHS) is going to propose a merit-based rule to benefit graduates (master’s and PhDs) of U.S. institutions of higher education and a mandatory online pre-registration requirement for cap-subject H-1B programs. In November, USCIS Director had said they were proposing this new rule. On December 3rd, USCIS published a notice[Read More]
USCIS Clarifies the STEM OPT Extension Reporting Responsibilities and Training Obligations allowing off-site placement so long as long as all of the training obligations are met
Adhikari Law PLLC, Washington, DC, August 17, 2018. USCIS has said it is going to update the Optional Practical Training Extension for STEM Students (STEM OPT) page of their website to clarify the reporting responsibilities for participating in the STEM OPT program. STEM OPT participants may engage in a training experience that takes place at[Read More]
House Committee passed FY 2019 DHS Appropriations bill that included elimination of per country caps for all employment-based immigrant visa categories
Washington, D.C. Adhikari Law PLLC sees a silver lining in a much needed reform in skilled immigration programs under Immigration and Nationality Act of 1965. On July 25th the House Appropriations Committee passed the Fiscal Year 2019 Department of Homeland Security (DHS) Appropriations bill that included an amendment from Kansas Congressman Kevin Yoder that proposes to[Read More]
USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors
Washington, D.C. U.S. Citizenship and Immigration Services (USCIS) has published a revised final Policy Memorandum related to unlawful presence after considering feedback received during a 30-day public comment period that ended June 11, 2018. F, J, or M nonimmigrants who failed to maintain their nonimmigrant status before August 9, 2018 start accruing unlawful presence based on that failure[Read More]
News flash: USCIS updates Policy Memorandum which provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition without first issuing a RFE or NOID
Washington, D.C. U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails[Read More]
USCIS Updates Notice to Appear Policy Guidance to Support DHS Enforcement Priorities
Washington, DC. U.S. Citizenship and Immigration Services issued updated Guidance today that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security. A Notice to Appear (NTA) is a document given to an alien (non-nationals) that instructs them to appear before an immigration judge on a[Read More]