Nonimmigrant Visa Processing in Mexico and Canada

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Our office often gets this question from both first time H-1B holders and H-1B holders needing an extension of their visa – “can I go for H-1B stamping in Mexico or Canada?” Although we usually recommend for applicants to visit their home country for...

L-2 and L-2 EAD Delay Litigation

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             The L-2 visa allows for the temporary transfer of foreign national companies’ employees to the United State to continue employment at an office of the same employer, its parent, branch, subsidiary or affiliate. The L visa requires the...

Judge Blocks Trump’s Public Charge Policy

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On Friday, October 11, a federal judge in New York issued a nationwide injunction blocking the administration’s “public charge” rule that would disqualify applicants who received public benefits like Medicaid and Food Stamps. The “public charge” rule,...

3 Essential Steps When Termination of an H-1B Worker is Necessary

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In the unfortunate circumstance when an employer must terminate an H-1B worker before the end of the validity period of the worker’s visa, failure to follow the correct procedure can be costly. Recently, a manufacturer and supplier of raw materials...

How to Deal With a Job Loss and New H-1B Approval

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For most beneficiaries, once their cap-subject case has been approved for a change of status to H-1B on October 1st, they can take a sigh of relief and wait for that October 1st date to come without trepidation. However, for some, an unfortunate situation...

Downgrading your I-140: When one step back can be two steps forward

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          Due to significant backlogging of employment-based visa priority dates, for certain individuals it may be of benefit to choose a lower-tiered employment-based visa category to expedite an individual’s ability to file for adjustment of status...

Options When Receiving an H-1B Employer-Employee Relationship Denial

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            Below is an in-depth article regarding actions that can be taken when your company receives an employer-employee relationship denial. Reddy & Neumann, P.C.’s Counsel for Litigation Jonathan Wasden and Attorney Steven Brown have prepared...

B-1 in Lieu of H-1B Visa

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The “B-1 in lieu of H-1B” is a lesser-known visa category that can be beneficial for many qualified foreign employees. Existing like a hybrid of the B-1 visa and H-1B visa, the “B-1 in lieu of H-1B” category allows a foreign company to send their employees...

What happens when an I-140 is withdrawn?

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When an I-140 is withdrawn, the petitioning company generally avoids any liability they have would toward that I-140 petition, particularly as it relates to ability to pay the Labor Certification wage. Thus, once a company withdraws an I-140 petition--regardless...

Bill Eliminating Employment-Based Per Country Cap Up for Vote in Senate

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As you may recall, the Fairness for High-Skilled Immigrants Act of 2019, H.R. 1044, passed the House on July 10, 2019.  According to the summary of this bill on Congress.gov, this bill increases the per-country cap on family-based immigrant visas from...

Important timing issues F-1 students should be aware of

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When F-1 students finish their programs of study or post-completion practical training (OPT employment), they have a sixty-day grace period during which they can do the following: Apply and be accepted to a new academic program. Apply to change...

Interview Waiver/Dropbox Changes in India

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The U.S. Visa Information Service for India (link: http://ustraveldocs.com/in/index.html?firstTime=No) recently changed their website regarding mandatory interview waiver scheduling, commonly referred to as the “dropbox” option. In an effort to reduce...

Suing USCIS for Short H-1B Approvals

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Below is an article regarding actions that can be taken to combat short H-1B approvals. Reddy & Neumann, P.C.’s Counsel for Litigation Jonathan Wasden and Attorney Steven Brown have prepared a short video on this topic that can be found here: https://www.youtube.com/watch?v=yrFkMX0NJwM.  Introduction One...

FAQ's on Consular Processing

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U.S. consulates are set up around the world to assist and protect U.S. citizens and facilitate trade and friendship between the people of the United States and foreign country. There are more than 20 nonimmigrant visa types for people traveling to...

H-4/H-4 EAD Litigation FAQ's

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Am I eligible to join the H-4/EAD lawsuit? If you have filed an H-4 and H-4 EAD application that has been pending with USCIS for over 30 days, you are eligible to join the lawsuit. It is our argument that Congress’ intent was for USCIS to adjudicate...

EB-2 vs. EB-3: Foreign Degree Equivalencies

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Most if not all prospective employment-based immigrants have a robust education and experience background. Often, that education was obtained from a university in a foreign country. However, owing to certain government regulations, in many instances...

Significant Changes Coming Soon to EB-5 Program

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On July 24th, USCIS will publish a final rule in the Federal Register titled “EB-5 Immigrant Investor Program Modernization” which brings significant changes to the program since 1993. This final rule becomes effective November 21, 2019. The EB-5...

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