News | Root Law Group - Part 2

News

Top Reasons for an H-1B RFE

There are a number of reasons why USCIS may issue an RFE. Below is a list of the top reasons, in order from most to least common, that RFEs were issued in fiscal year (FY) 2018 for H-1B petitions. 1. Specialty Occupation The petitioner did not establish that the position qualifies as a specialty occupation […]

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Proposed H-4 EAD Rescission Regulation Pending Review at OMB

In October 2018, DHS released its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions and Regulatory Plan, which provides the public with an overview of anticipated federal regulatory activity. The regulations featured in the Unified Agenda and the timelines stated are aspirational and are not strictly adhered to. One DHS proposed regulation, entitled “Removing H-4 […]

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USCIS Resumes Premium Processing for H-1B Petitions Filed on or Before December 21, 2018

USCIS resumed premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service, you must submit the premium processing request to the service center now handling the petition. You should also […]

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H-1B Petitions for the Same Beneficiary and Considerations for the FY2020 H-1B Cap Season

Question No. 1: May an employer file a second H-1B petition (same beneficiary, same offered position) in a subsequent fiscal year if the first petition from the prior year is still pending with USCIS? Most of these FY2019 cases will now be resolved through the use of the recently reinstated premium processing program,iv especially those petitions […]

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Validity of Form I-693 Medical Exams

On October 16, 2018, USCIS announced that it was updating its policy guidance regarding the period of validity of a Form I-693, Report of Medical Examination and Vaccination Record, to reflect longer processing times for adjustment of status applications. The updated policy is effective for all Form I-693s filed before November 1, 2018. The update provides that […]

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Visa Bulletin for March 2019

DOS posted the >>>Visa Bulletin for March 2019<<<. In addition to the final action dates and dates for filing applications, the bulletin also includes notes on the diversity visa and the scheduled expiration of two employment visa categories.   Source:  AILA Doc. No. 19021535.

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USCIS Now Accepting Copies of Negative P Visa Consultations Directly from Labor Unions

Effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future P nonimmigrant visa petition. A consultation letter from a U.S. labor organization is generally required for petitions in the P visa classification, which covers athletes, artists, entertainers and their essential support personnel. Typically, a […]

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House Bill: Fairness for High-Skilled Immigrants Act of 2019

On 2/7/18, Reps. Zoe Lofgren (D-CA) and Ken Buck (R-CO) reintroduced the Fairness for High-Skilled Immigrants Act of 2019, which would among other things eliminate the per-country numerical limitation for employment-based immigrants and increase the per-country numerical limitation for family-sponsored immigrants.   Source: AILA Doc. No. 19020735.

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USCIS to Close the Moscow Field Office

Due to a significant decrease in workload, USCIS will permanently close its field office in Moscow, Russia, on March 29, 2019. The last day the office will be open to the public and accepting applications is Feb. 28, 2019. The USCIS field office in Athens, Greece, will assume jurisdiction over immigration matters in the Russian […]

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DHS Publishes Final Regulation Governing H-1B Cap Subject Petitions

On January 31, 2019, DHS published a final rule in the Federal Register that amends the regulations governing petitions filed under the H-1B visa lottery. The final rule is effective April 1, 2019, though DHS will suspend the electronic registration requirement for this year’s H-1B cap. Details about the final regulation are outlined below under the January […]

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