Frequently Asked Questions about the H-1B 60-day Grace Period

1. What are the basic requirements of the 60-day grace period? To qualify for the 60-day grace period, you would need to have a valid I-94 and a “cessation” or termination of employment. Note, if you are transferring to a new company (Company B)...

I-140 or Compelling Circumstance EAD: What to Know

Compelling Circumstance EAD: What to know For qualified individuals and their dependent spouses and children, USCIS may grant work authorizations (EAD) due to compelling circumstances. To qualify for a compelling circumstance EAD, an individual must...

New Form I-9 Must Be Used Starting May 1st

With May 1st just around the corner, employers are reminded that you must begin using the new Form I-9 on May 01, 2020. The version date of the new Form I-9 is 10/21/2019 and can be found in the lower left corner of the form. The new Form I-9 also...

Terminating an H-1B Employee due to Unavailable Work during COVID-19

Due to the unexpected unavailability of work, employers may need to consider terminating their H-1B employees in response to the COVID-19 pandemic. Temporary layoffs, furlough, or benching of an H-1B employee due to unavailable work is not permissible....

H-4 and L-2 EAD Holders Can File for Unemployment Benefits

As the U.S. unemployment rate continues to climb as a result of the COVID-19 pandemic, many have asked if H-4 and L-2 EAD holders are eligible for unemployment benefits. Remember, to be eligible for unemployment, you must have an unrestricted right...

Contrary to Media Reports, USCIS Has Not Relaxed H-1B Extension Rules

You may have seen recent articles claiming H-1B holders can remain in the US for 8 months after job loss: https://www.businessinsider.in/india/news/us-extends-h1-b-visas-and-allows-those-who-lose-jobs-to-stay-on-8-months/articleshow/75134195.cms  or...

Another Possible Sting Operation by ICE with Fake University

Reddy & Neumann, P.C. has received reports which lead to the belief of another possible sting operation by Immigration and Customs Enforcement (ICE), similar to that of Farmington University. If you recall, in early 2019 ICE raided multiple worksites...

Are Non-Immigrants Eligible for Unemployment Benefits?

Many employees have growing concerns about their job security as COVID-19 continues to take a toll on both large and small companies. The question for many is whether or not they are eligible for unemployment benefits should the unexpected happen. Work-authorized...

Green Card Ability to Pay And Covid-19 Downturn

For any company wishing to sponsor an employment-based green card, that company must show an “ability to pay” the offered wage of the sponsored employee. Practically, this “ability” must be shown from the day the Labor Certification is filed (i.e....

H-1B Cap Subject Electronic Registration Selection Process Completed

Today, March 27, 2020, USCIS announced that it has received enough electronic registrations during the initial period to reach the Fiscal Year 2021 (FY 2021) H-1B numerical cap. USCIS randomly selected from among the registrations that were deemed...

Automatic Extension of Driver’s Licenses

            In response to Texas Governor Greg Abbott’s State of Disaster Declaration last week, the Texas Department of Public Safety (DPS) announced an automatic extension of certain Texas driver’s licenses, identification cards, and election identification...

Litigating Short-Term Approvals Following ITServe v.Cissna

This article provides a follow up to Reddy & Neumann’s previous article regarding short-term approval litigation which can be found (https://rnlawgroup.com/news/720-suing-uscis-for-short-h-1b-approvals). Introduction             In the litigation...

Temporary Closure of USCIS Offices and ASCs

Effective March 18, U.S. Citizenship & Immigration Services is temporarily suspending in-person services at its field offices, asylum offices, and application support centers (ASCs) in an effort to limit spread of the COVID-19 virus. This will...

UPDATE: Immigration Impacts of the Coronavirus

The World Health Organization (WHO) has officially declared the novel coronavirus (COVID-19) a global pandemic. Because of this there are many uncertainties in the field of employment-based immigration cases. For example, will there be a delay in USCIS...

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