U.S. Citizenship and Immigration Services is publishing policy guidance in the USCIS Policy Manual on eligibility, filing, and adjudication requirements addressing Violence Against Women Act (VAWA) self-petitions to update practices and align USCIS policies with recent court decisions. USCIS is updating its interpretation of the requirement for shared residence to occur during the qualifying spousal…
Continue reading ›The Biden administration is making a series of policy changes in order to make it easier for foreign students and professionals in the science, technology, engineering, and math (STEM) fields to remain in the U.S. The new policies are aimed to retain foreign students in the STEM fields to compete against other countries who have…
Continue reading ›The Executive Office for Immigration Review (EOIR) started postponing non-detained and non-represented cases on January 10, 2022. Currently, the EOIR announced that non-detained and non-represented cases are further postponed till February 7, 2022, due to COVID-19. Hearings will continue via phone or online for detained cases and non-detained individuals who are represented. Please note that…
Continue reading ›U.S. Citizenship and Immigration Services announced on January 28, 2022, that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern time on March 1 and run through noon Eastern time on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit…
Continue reading ›The USCIS updated guidance on how it evaluates requirements for O-1A eligibility petitions for extraordinary ability in science, technology, engineering, or math (STEM) fields and whether an O-1 beneficiary’s prospective work is within their area of extraordinary ability or achievement. O-1A classification is applicable for individuals of extraordinary ability in science, education, business, or athletics.…
Continue reading ›The USCIS updated guidance on adjudicating “National Interest Waivers” regarding the requirements for job offer and labor certification for certain advance degree professionals and individuals of exceptional ability, including those with advanced degrees in science, technology, engineering, and math (STEM) fields and entrepreneurs. Under President Biden’s Executive Order 14012, the USCIS is outlining the importance…
Continue reading ›On January 13, 2022, U.S. Citizenship and Immigration Services announced clarifying guidance on how they determine whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both. Individuals of…
Continue reading ›The Supreme Court on Thursday blocked the Biden administration from enforcing its vaccine-or-testing mandate for large employers, dealing a blow to a key element of its plan to address the pandemic. However, the court approved a more modest mandate mandating vaccination of health care workers in facilities that receive federal money. The emergency temporary standard,…
Continue reading ›In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain: Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind;…
Continue reading ›At the beginning of last year 2021, the Trump administration published a “final” regulation to end the H-1B visa lottery. By getting rid of the lottery system, they wanted to replace it with a system that awards H-1B petitions by the highest salary. H-1B petitions are essential as they are the only practical way for…
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