In April 2018, USCIS updated the page on its website relating to Optional Practical Training Extension for STEM Students (STEM OPT) which seems to indicate its view that F-1 students in the STEM OPT program are not permitted to engage in OPT at third-party locations. Of particular concern is the following statement: “For instance, the training[Read More]
News & Alerts
DHS Proposes to Remove the International Entrepreneur Rule (IER) which availed a temporary work authorization and lawful stay for foreign-born entrepreneurs
WASHINGTON, DC – The Department of Homeland Security (DHS) is proposing a rule to end a program that allowed certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here, known as the International Entrepreneur Rule (IER Final Rule). Earlier a court decision had vacated USCIS’ final rule[Read More]
USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions
Washington, D.C. USCIS has completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in our computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks[Read More]
USCIS to Begin Using More Secure Mail Delivery Service (signature confirmation)
April 27, 2018, Adhikari Law, WASHINGTON, D.C. U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will begin phasing in use of the U.S. Postal Service’s (USPS) Signature Confirmation Restricted Delivery service to mail Green Cards and other secure documents beginning April 30, 2018. The first phase will affect documents that need to be[Read More]
TPS designation for Nepal is to end on June 24, 2019 instead of June 24, 2018
April 26, 2018. WASHINGTON. The Secretary of Homeland Security (DHS) Kirstjen M. Nielsen has determined that termination of the Temporary Protected Status (TPS) designation for Nepal. The TPS designation for Nepal will end on June 24, 2019 instead of June 24, 2018. It is advised those in TPS to seek other immigration benefits timely before TPS[Read More]
AILA’s “Invisible Wall” Report Sheds Light on Trump Administration Policies to Restrict Legal Immigration
WASHINGTON, D.C. – The American Immigration Lawyers Association (AILA) today released a new report, “Deconstructing the Invisible Wall: How Policy Changes by the Trump Administration are Slowing and Restricting Legal Immigration.” Highlighted by real-life case examples, the report describes the broad array of immigration-related policy and procedural changes that have been implemented by the administration that[Read More]
Cap Gap Extension for F-1 student for whom H-1B was timely filed with start date of Oct. 1
There is a limit, or “cap,” on the number of individuals who can receive H-1B status every fiscal year. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. Regulations prohibit employers from filing H-1B petitions until six months before the date of actual need for the employee. This[Read More]
USCIS will accept quota-based H-1B petitions from April 2nd to 6th, 2018 and will temporarily suspend premium processing for Cap-subject petitions
Adhikari Law, Washington DC. Starting from April 2, 2018 through April 6th, 2018 USCIS will be accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. It will also temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This[Read More]
E-Verify new interface in late March: All E-Verify Cases With A Final Case Result Should Be Closed
Washington, D.C. On March 14, 2018 U.S. Citizenship and Immigration Services (USCIS) announced that E-Verify will transfer all case data to a new interface later this month. To assist in the transition USCIS required all open cases must reach a final case result and be closed. Open cases that have not been accessed for more than 365 days[Read More]
USCIS Policy Memo Provides Guidance on Contracts and Itinerary Requirements for H-1B Petitions
Washington, DC. USCIS has published a Policy Memo on Contracts and Itineraries Requirements for H-1B making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite. USCIS clarifies existing regulatory requirements relating to H-1B petitions filed for workers who will be employed[Read More]