The 240 Day Rule for Continued Work Authorization

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Due to the long processing times and the lack of premium processing for most of last year, many diligent employers have been left concerned over how long their employees with pending petitions are authorized to continue working. In many cases, these...

What Happens If We Sue The Government?

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With the ever-changing landscape of immigration, many employers may want to take the fight back to USCIS but have no idea how to pursue litigation or understand the effects litigation on their company. So naturally, the most common question we get...

Selected in the Quota Lottery? 3 Key Reminders

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#1: Cap-gap is automatic. The cap-gap extension is automatic for students with a pending H-1B petition that requested a change of status. This is only granted if the student was on valid OPT or STEM OPT on the day the H-1B petition was filed and their...

Return of SSA No-Match Letters

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As of March 2019, the Social Security Administration (SSA) has resumed issuing Employer Correction Request Notices, commonly known as “SSA no-match letters.” These letters are issued to employers when an employee’s W-2 information does not match the...

Study in the States: How to Qualify for an F-1 Visa

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Citizens of foreign countries who want to enter the United States must first obtain either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. In order to study in the United States, an international student must have...

Why We Sued USCIS for H-4 and H-4 EAD Delays

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The fight for fair and timely visa processing for legal immigrants continues. Reddy & Neumann, P.C. is representing four spouses who have had enough of waiting for their H-4 and EAD renewals. We sued U.S. Citizenship and Immigration Services (USCIS)...

How to Handle Employees on Cap Gap

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            We’ve reached that time of the year again where employers of foreign student workers must navigate their employee’s work authorization while their H-1B quota petition is pending. Unfortunately, long wait times have become the new normal...

When is a person considered as counted against the H-1B cap?

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            The H-1B nonimmigrant classification is one of the most common ways for a foreign national to come to the United States to work on a temporary basis. There is a limit on the number of available H-1B visas that can be issued in each fiscal...

What can you do when your H-4 processing is delayed?

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           Recently, our firm has become aware that H-4 applications, even when filed concurrently with a premium processing H-1B petition, are not being adjudicated in a timely manner. As you may be aware. Starting in March 2019, USCIS introduced...

USCIS Completes Data Entry for FY 2020 H-1B Cap Season

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Today USCIS announced that it has completed data entry for all fiscal year 2020 H-1B cap-subject petitions. USCIS will now begin returning all H-1B cap-subject petitions that were not selected in the lottery and will announce when they have finished...

First Cousin Marriage Under U.S. Immigration Law

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For many families, marriage provides the opportunity for spousal immigration classification. In order to enjoy the benefit of the classification, the marriage must be a legally valid marriage under U.S. immigration laws. In most cases, the law of place...

Day 1 CPT Students are Being Deported at the Airport

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Investigations on Day 1 CPT Universities have led to the deportation of a large number of F-1 students from the United States. Lately, there has been a steady flow of students being deported at various airports. F-1 students must comply with several...

What records are required to be kept for H-1B nonimmigrant employees?

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Employers of H-1B, H-1B1, and E-3 nonimmigrant employees must comply with Department of Labor (DOL) requirements regarding record keeping. These records should be kept as part of the company’s H-1B Public Access Files (PAF) that are made available...

Israel Nationals Eligible for E-2 Visa on May 1st

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The U.S. Embassy has recently announced the signing of a treaty investor agreement between the United States and Israel. As a result, beginning May 1, 2019 Israeli citizens will be eligible to apply for an E-2 visa at the U.S. Embassy in Tel Aviv. ...

USCIS Receives 201,011 H-1B Petitions and Completes Lottery for FY 2020

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Today USCIS used a computer-generated random selection process, commonly known as the “lottery”, to select enough H-1B petitions to meet the regular cap and the U.S. advanced degree exemption (master's cap) for FY 2020. After completing the lottery...

USCIS Announces FY 2020 H-1B Regular Cap Has Been Reached

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On Friday, April 5th, USCIS announced that it received a sufficient number of petitions to reach the 65,000 H-1B visa regular cap for the 2020 fiscal year. USCIS will next determine if a sufficient number of petitions to meet the 20,000 H-1B visa U.S....

USCIS Announced Premium Processing for FY 2020 Cap Season

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USCIS has announced that Premium Processing will be offered for FY 2020 cap season starting April 1, 2019. USCIS will implement premium processing in a two-phase approach: the first phase will include FY 2020 cap-subject H-1B petitions that are requesting...

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