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Important Information on the Public Charge Rule Effective 2/24/2020
On January 27, 2020, the U.S. Supreme Court ruled that it would allow the public charge rule that was supposed to go into effect on October 11, 2019, but was stopped, to now go into effect. USCIS recently issued a news alert stating that it would start implementing this rule on February 24, 2020. Any files that are postmarked on or after February 24, 2020, will be subject to this rule. I had written blog post about this last year when it was set to go into effect on October 14, 2019. See my blog post here where I discussed this public charge rule, and what applicants applying for green…
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What You Need to Know About the New H-1B Registration System that Will Take Effect for the Upcoming H-1B Season
On December 6, 2019, USCIS announced that they will be implementing the H-1B registration system that requires employers to register who want to file cap-subject petitions for the fiscal year 2021. The filing period for H-1B petitions will begin on April 1, 2020, for FY 2021. It is anticipated that USCIS will use its myUSCIS online portal for this registration process. From what we know so far, the employer would need to provide the following information when registering: Legal business name The Doing Business As name, if applicable Employer EIN Primary U.S. office location address Legal name, title, and contact information of the authorized signatory For the prospective H-1B employee,…
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The U.S. Supreme Court Will Determine the Fate of DACA With A Decision By June 2020
Yesterday, the U.S. Supreme Court heard arguments about whether or not the DACA program should remain in place. California, with the largest number of DACA recipients, was a leading player in the legal battle in support of the DACA program. After yesterday’s arguments, it is likely that the Court will lean toward ending the program based on the conservative majority of the court. You can read more about it in this New York Times article here. Many DACA recipients are wondering what will happen next. A decision on this case will likely be released in June 2020. Until then, DACA recipients can apply for renewals. However, those who have never…
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What You Should Know About Adding Beneficiaries for the Fiancé(e) Visa
If you are a U.S. citizen, there are two ways you can bring your significant other to the U.S. to get a green card (AKA lawful permanent residency). You can read more about the difference in a blog post I had written by clicking here. In this post, I am going to talk about adding beneficiaries to a fiancé(e) visa. For a child to be included as a beneficiary and to get a K-2 visa, and eventually, a green card, under his or her parent’s fiance(e) visa petition, the child must under 21 years old and unmarried. Some people confuse this and think that in order for a child to…
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October 2019 Visa Bulletin
The U.S. Department of State publishes a visa bulletin every month that shows where they are in the process of issuing green cards. This bulletin allows people to see how long it could be before a visa becomes available for them to be able to apply for their green cards. Here is the October 2019 visa bulletin. You can also click here to see it. FAMILY-SPONSORED PREFERENCES Final Action Dates Dates for Filing Family-Sponsored Visa Applications EMPLOYMENT-BASED PREFERENCES Final Action Dates Dates for Filing of Employment-Based Visa Applications The reason that this bulletin exists is that there is a cap on the number of green cards that are issued each…
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What You Need to Know About the New Public Charge Rule Effective 10/14/2019
**UPDATE: On October 11, 2019, federal judges in New York and California ordered a nationwide block, which prevented the rule from going into effect. On January 27, 2020, the U.S. Supreme Court decided that this rule can go into effect. USCIS announced that they will begin implementing this rule starting February 24, 2020. A major change is happening starting on October 14, 2019, for those applying or adjustment of status (green card), change of status, and extension of status. Applicants will have to prove that they are self-sufficient and will not become a public charge. In other words, people who are applying for a green card, change of status,…
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Specialty Chefs and Green Cards
Did you know that if you are restaurant that specializes in a certain type of cuisine and need specialty chefs who have at least two years of chef experience in that cuisine, you may be able to petition for that chef to immigrate to the U.S. to get his or her green card (AKA lawful permanent residency)? A common issue I have heard among restaurant owners is the inability to find qualified chefs who have the experience and knowledge to cook the restaurant’s specialty dishes. However, there is a solution to this ongoing problem. There is a caveat to this, which is the understanding that it is not a process…
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June 2019 Visa Bulletin
The U.S. Department of State publishes a visa bulletin every month that shows where they are in the process of issuing green cards. This bulletin allows people to see how long it could be before a visa becomes available for them to be able to apply for their green cards. The reason that this bulletin exists is that there is a cap on the number of green cards that are issued each year. This amount has not been increased in decades, and the number of people who have applied to get a green card has far exceeded the number of visas available, which has created a backlog. For certain types…
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FAQs: Can An F-1 Student Work? Can An F-1 Student Start A Business?
I frequently get asked if an F-1 student can work. It depends. The regulations are strict regarding the ability of F-1 students (and their dependents) to work. According to the USCIS website: F-1 students may not work off-campus during the first academic year but may accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment: Curricular Practical Training (CPT) Optional Practical Training (OPT) (pre-completion or post-completion) Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT) For…F-1…students any off-campus employment must be related to their area of study and must be authorized prior to starting…
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Top 10 Reasons USCIS Issued Request for Evidence Letters for H-1B Petitions for the Fiscal Year 2018
USCIS recently released an a chart breaking down the top 10 reasons they issued Request for Evidence (RFE) letters for H-1B petitions that were filed for fiscal year 2018. They are the following: Specialty Occupation – The petitioning company did not establish that the position qualified as a specialty occupation. Employer/Employee Relationship – The petitioning company did not establish that there was a valid employer/employee relationship where the employer has control over the beneficiary’s work. Availability of Work (Off-site) – The petitioner could not establish that they had specific and non-speculative work assignments for the beneficiary that corresponds to the specialty occupation for the entire time requested in the H-1B…
