Immigration News - Reddy & Neumann, P.C

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...

Updates regarding Interview Waiver/Dropbox Option in India

Written on 22 September 2020.

As of August 17th, the United States Embassy and Consulates in India began resuming visa processing for F, M, and certain J categories. Appointments for these categories are now available through the U.S. Visa Information Service for India website....

H-1B Portability: Changing to a new H-1B employer

Written on 21 September 2020.

When it comes to nonimmigrant visas, portability is a very useful characteristic of the H-1B visa classification. H-1B portability has been mentioned in several recent articles covering topics such as the 60-day grace period and concurrent employment. H-1B...

Increased Minimum Wages for H-1B, H-1B1, E-3 and PERM?

Written on 17 September 2020.

The Department of Labor (DOL) proposed a regulation that would increase the minimum wages for the PERM, H-1B, H-1B1, and E-3 programs. The proposed regulation is under the review of the Office of Management and Budget (OMB) which has 90 days to review...

Blanket L-1 Visa Interviews Could Become More Difficult: Be Prepared for Your Consular Appointment

Written on 15 September 2020.

Over the summer, the State Department updated its manual on blanket L-1 visa processing at consulates, instructing visa officers that a blanket L application should be denied if the officer has “any doubt whether an applicant has fulfilled his or her...

USCIS Again Extends Flexibility for Responding to Agency Requests

Written on 14 September 2020.

On September 11th, USCIS extended the flexibilities it announced on March 30, 2020 in response to the COVID-19 pandemic to assist applicants and petitioners responding to certain agency requests, such as: Requests for Evidence; Continuations to...

Fees for Adjustment-Based EAD/AP Will Increase on October 2: FAQs

Written on 04 September 2020.

Effective October 2, USCIS will require filing fees for I-765 and I-131 applications filed based on an I-485 adjustment of status application. These applications, when approved, provide the applicant with an Employment Authorization Document (EAD)...

Increased Fees to USCIS and Changes to Premium Processing Time Frame Coming Soon

Written on 01 September 2020.

DHS announced a final rule on July 31, 2020 that adjusts fees for certain immigration and naturalization forms as well as alters the time frame for adjudicating petitions requesting premium processing. Overall, the fee adjustment amounts to a weighted...

How to Prepare to File Your Employment-Based I-485 Application for Adjustment of Status: Possible Forward Movement of Priority Dates?

Written on 31 August 2020.

The State Department recently announced that there will be an additional 60,000 to 100,000 green cards allocated to the employment-based immigrant category for fiscal year 2021, which begins October 1, 2020. This has led to much speculation regarding...

USCIS Budget Fix May Not be Enough to Halt Furloughs

Written on 25 August 2020.

The U.S. Citizenship and Immigration Services (USCIS) has warned that it faces a budget shortfall and intends to furlough 13,000 of its 18,700 staff at the end of this month. The planned furlough of 70% of USCIS workers would bring USCIS to operations...

Due to EAD Production Delays, Employers Are Allowed to Accept EAD Approval Notice for Form I-9 Compliance

Written on 20 August 2020.

Due to the production delays of certain Employment Authorization Documents (EAD, Form I-766), USCIS announced that employers can accept EAD approval notices for Form I-9 verification. The major takeaways are as follows: Employees may use Form I-797...

I-9 Fines Increase in 2020

Written on 19 August 2020.

The Department of Homeland Security (DHS) recently released new increased fines for Form I-9 penalties, to account for annual inflation. The new fines will be effective for penalties assessed after June 17, 2020 for associated violations which occurred...

H-1B Second Lottery –You Can Start Filing on Monday!

Written on 14 August 2020.

Earlier this week rumors were circulating about a possible second lottery to be run by USCIS. USCIS never confirmed or denied these rumors. However, this morning it appears that attorneys and companies received emails from their myUSCIS account with...

ICE Knocking on Doors for Individuals Previously Employed with Integra Technologies, LLC or AZTech Technologies, LLC

Written on 12 August 2020.

According to recent reports ICE has begun making in-person contact with the individuals who used fraudulent experience letters from Integra Technologies LLC, AZtech Technologies, and Andwill LLC—the three companies that share the same address at 19C...

USCIS Hidden Agenda in New Filing Fees

Written on 03 August 2020.

The advanced copy of USCIS’ new filing fee schedule was released to the public on July 31, 2020. The new fees will take effect for any applications or petitions postmarked on or after October 2, 2020. As expected the majority of filing fees for immigration...

Free Webinar 7/29 2PM CST—Immigration Expectations in 2020 and 2021

Written on 28 July 2020.

For individuals and employers alike, we invite you to join our free webinar concerning the immigration prospectus for the remainder of 2020 through FY2021. From the impact of recent executive actions to the realities of the COVID-19 pandemic, attorneys...

Fight Back Against Trump Administration H-1B Travel Ban

Written on 22 July 2020.

On June 22, 2020, President Trump announced Presidential Proclamation 10052 (“PP 10052”) which was designed to prevent the certain nonimmigrant visa holders from entering the United States (H-1B, H-2B, L-1, and J visa holders). More information...