Immigration News - Reddy & Neumann, P.C

Overstaying a B-2 Visa Automatically Cancels the Visa.

Written on 24 February 2021.

Last March, the coronavirus pandemic began shutting down travel both domestically and internationally. As people became afraid to travel some individuals, like those visiting the United States on a B-2 visa, began risking overstaying their visa...

Employment-Based Immigration Provisions of the US Citizenship Act of 2021

Written on 23 February 2021.

The Biden Administration introduced an immigration bill in Congress on February 18, 2021 – the U.S. Citizenship Act of 2021. Below is a summary of provisions that would directly impact employment-based immigration: Sec. 3101: Recapture of immigrant...

Minimize Your Risk of PERM Audits by Recognizing These Audit Triggers

Written on 09 February 2021.

PERM Labor Certification is often the first of three steps in the employment based green card process. The purpose of PERM is to ensure that U.S. workers are not being displaced by hiring a foreign worker into a permanent position. Employers must therefore...

USCIS Announces FY 2022 H-1B Lottery Registration Will Open March 9th

Written on 05 February 2021.

USCIS has finally announced more information about this year’s registration period for the FY 2022 H-1B cap season. When to Register: The initial registration period will open March 9, 2021 at 12:00 pm EST and close on March 25, 2021 at 12:00 pm...

New H-1B Lottery Changes will NOT Go Into Effect for This Year’s H-1B Lottery

Written on 04 February 2021.

Today DHS issued a final rule which will be published in the Federal Register on February 8th that delays the effective date of H-1B lottery changes. The H-1B lottery changes were supposed to be in effect just in time for this year’s H-1B lottery,...

Ensuring H-1B Employees can Extend Beyond the Six-Year Limit

Written on 22 January 2021.

The H-1B visa is used by U.S. employers to temporarily employ foreign workers in a specialty occupation. It is typically used for professionals who have at least a bachelor’s degree in a specific field of study that is required by the occupation. H1-B...

Regulatory Freeze May Delay Recent Regulations Impacting the H-1B Visa Program

Written on 21 January 2021.

President Biden’s Chief of Staff has issued a memo to executive agencies directing them to consider postponing the effective dates of published regulations that have not yet taken effect for 60 days. The purpose of the freeze is to allow the Biden...

Register for Reddy & Neumann’s January 25th Webinar for Employers

Written on 20 January 2021.

Mon, Jan 25, 2021 2:00 PM - 3:00 PM CST Register here H-1B cap season is just around the corner! USCIS will implement the new H-1B registration system once again in the upcoming cap season. We’ll kick off FY 2022 by discussing what to expect with...

Beware of Scam Email Targeting Indian Immigrants

Written on 19 January 2021.

There have been several reports of a recent scam targeting those in the U.S. with a nonimmigrant visa, primarily individuals from India. These individuals are receiving an email as follows: The email claims that a warrant has been issued for...

Last-Minute Immigration Regulations Impacting Employment-Based Immigration

Written on 18 January 2021.

Although President Trump has entered his last week in office, his administration has continued to move forward with the following last-minute immigration regulations aimed at employment-based immigration: Presidential Proclamation 10131 of December...

PP 10052 Suspending Entry of H-1B/L-1 Visa Holders Extended Through March 31, 2021

Written on 08 January 2021.

You may recall that on June 22, 2020, the President issued Presidential Proclamation 10052 which suspended the issuance of certain nonimmigrant visas. At that time, the Proclamation was scheduled to expire on December 31, 2020. However, on the day...

Trump Administration Moving Forward with H-1B Lottery Changes

Written on 07 January 2021.

Today, the Department of Homeland Security has published an advanced copy of the final regulation that would change the current random H-1B lottery system. The regulation would distribute new H-1B visas based on the wage level of the salary offer,...

DOL Announces Steps to Update Prevailing Wage Data in Compliance with Court Orders

Written on 04 December 2020.

On December 1, 2020, a federal judge in the Northern District of California set aside the Department of Labor (DOL) interim final rule (IFR), Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United...

Federal Judge Sets Aside DOL Wage Rule and DHS H-1B Eligibility Rule

Written on 02 December 2020.

In a major win for employers, a federal judge in the Northern District of California has set aside the Department of Labor (DOL) interim final rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the...

Due to EAD Production Delays, Employers May Continue to Accept EAD Approval Notices for Form I-9 Compliance through February 01, 2021

Written on 30 November 2020.

Due to the production delays of certain Employment Authorization Documents (EAD, Form I-766), USCIS previously announced that employers can accept EAD approval notices for Form I-9 verification through December 01, 2020. DHS is now extending the validity...

Form I-9 Compliance Flexibility for Employers Operating Remotely Extended Until December 31st

Written on 30 November 2020.

Once again, the Department of Homeland Security (DHS) announced that it has extended the flexibilities in rules related to Form I-9 Employment Eligibility Verification compliance during the COVID-19 pandemic. The accommodations now expire on December...

Should I Apply for an EAD or AP Based Upon My Adjustment of Status Application?

Written on 04 November 2020.

While your green card application is pending you may apply for I-765, work authorization (EAD) or I-131, advance parole (AP). In general, USCIS can issue these benefits separately or as a combo card. The card looks similar to an Employment Authorization...

New DHS Rule Revising H-1B Nonimmigrant Visa Program Released

Written on 03 November 2020.

DHS released its interim final rule (IFR) in the Federal Register on October 8, 2020, which would revise the definition of the term “specialty occupation” and make other changes to the H-1B nonimmigrant program. The IFR is effective December 7, 2020....

DHS Proposes Wage-Based Selection Process to Replace H-1B Cap Random Selection Process

Written on 02 November 2020.

Last week DHS announced submission of a notice of proposed rulemaking (NPRM) to the Federal Register regarding amending regulations by which USCIS selects H-1B registrations for H-1B cap-subject petitions. DHS proposes to rank and select registrations...

Premium Processing Bill Passes! So what does that mean?

Written on 01 October 2020.

Yesterday, Congress passed a bill that would allow USCIS to raise the premium processing fee and also expand it to cover new immigration categories. It is imperative to understand that while this is good for the future, there are no changes right...

5 Important Reminders for Cap H-1B Beneficiaries!

Written on 29 September 2020.

#1 – Cap-gap ends September 30th. The automatic cap-gap benefit ends September 30th. You cannot extend cap-gap. If you are reliant on cap-gap for work authorization and your H-1B cap petition is still pending after September 30th, you must stop working...