The Form I-485 Supplement J is a relatively new form. As its name suggests, it is a supplemental form to the Form I-485, Application to Register Permanent Residence or Adjust Status. While the Supplement J is used in employment-based adjustment of status applications to confirm a bona fide job offer still exists or to request…
Recently, USCIS has been approving Employment Authorization documents (EADs) without approving advance parole travel documents (APs) at the same time even though both applications were filed together. For the past ten or so years, USCIS has normally issued EAD/AP cards, or combo cards, when applicants applied for employment authorization and advance parole at the same…
On January 21, 2022, the Departments of State and Homeland Security announced new policies with the goal of attracting and retaining more STEM talent to the US. Below is an explanation of the key changes and clarifications. F-1 OPT/STEM OPT Extensions The Department of Homeland Security published a notice on the Federal Register announcing their…
Dependents of H-1B visa-holders can only maintain valid nonimmigrant status for so long. Once dependents “age out” at twenty-one (21), their H-1B dependent visas are no longer valid. As such, H-1B dependents wishing to lawfully stay within the United States must file petitions seeking to extend the duration of their visas or to obtain a…
H-1B workers are nonimmigrant visa-holders who work for United States employers. These workers obtain H-1B visas, which requires the workers to have a bachelor’s degree or another country’s equivalent degree in a specialized field. H-1B workers have the same rights as U.S. workers, and both groups of workers must be treated equally and fairly. The…
Employers wishing to hire H-1B workers from abroad must comply with numerous requirements under federal law. The H-1B visa program enables professionals to work in the United States in specialty professions that require at least a bachelor’s degree (or equivalent). Employers in the United States seek to hire H-1B workers when they are unable to…
As we discussed in a recent blog “News Flash: Limited Travel from India Due to COVID-19,” in light of the public health conditions in the Republic of India and the recommendations of the CDC, President Biden issued a proclamation on May 4, 2021, limiting the ability of nonimmigrants to enter the U.S. That proclamation will…
On June 23, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it will accept certain resubmitted H-1B petitions for fiscal year 2021. This will apply only to H-1B petitions which were rejected or administratively closed due to the fact that the requested start date listed in the petition was after October 1, 2020. The…
The COVID-19 pandemic has significantly slowed down the United States immigration process. Not only are consulates and embassies short-staffed, but vaccinations have not yet reached certain populations, making travel difficult. Visa processing times are still compromised. Because of continued COVID-19 precautions and limited resources, U.S. embassies and other consular posts are operating on reduced staffing….
According to a June 2021 policy brief by the National Foundation for American Policy (NFAP) “U.S.-born IT professionals and computer and information systems majors continued to earn, on average, substantially more than other professional workers and other majors.” The brief also touches on the effect of foreign talent on the U.S. job market. No Competition…