Friday, August 24, 2018
A June 28, 2018, USCIS policy memorandum (
Under the new policy, USCIS can issue an NTA after denying an application for an immigration benefit only if on the date of the denial the applicant is out of status.
For examples, denial of an extension of stay or change of status request, where the applicant's prior status expires before USCIS denies the EOS or COS.
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Immigration & Tax Law Firm
Phone: (630) 903-9625
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Naperville, IL 60563
Wednesday, August 8, 2018
In the past, foreign students and exchange visitors (F and J nonimmigrants, respectively) who were admitted for, or present in the United States in, duration of status (D/S) started accruing unlawful presence on the day after USCIS formally found a nonimmigrant status violation while adjudicating a request for another immigration benefit or on the day after an immigration judge ordered the applicant excluded, deported, or removed (whether or not the decision is appealed), whichever came first.
USCIS is now changing its policy on how to calculate unlawful presence for F-1, J-1, and M-1 nonimmigrants, and their dependents (F-2, J-2, and M-2). This new policy on the accrual of unlawful presence with respect to F, J and M nonimmigrants will take effect on August 9, 2018. The policy for determining unlawful presence for aliens present in the United States who are not in F, J, or M nonimmigrant status remains unchanged.
Tuesday, May 29, 2018
The K-1 visa will allow the foreign citizen who is engaged to a U.S citizen to go to the U.S. While in the U.S, the couple is expected to get married legally within a specific period of time. The K-1 visa holder will get this visa so that they can marry the U.S citizen within 90 days of arriving in the U.S.
To be allowed to get the K-1 visa and travel to the U.S to marry the U.S citizen, there are first a few fiancé visa requirements that you must fulfill.
So if you want to marry your fiancé in the U.S, you must fulfill these eligibility criteria:
- You must have proof of your relationship before the engagement
- You plan on getting married while you are in the U.S on a K-1 visa
- The marriage will be performed according to the U.S laws where the marriage will be done
- You and the U.S citizen must have met in person at least once in the past two years
Thursday, May 10, 2018
An E-2 Visa is a Visa Classification that is available for foreign nationals who wish to live in the U.S. to develop and direct the operations of a business. The business can be large or small and an E-2 Visa is a great Visa option for those who want to start a business. In order to qualify for the Visa, applicants must meet specific requirements.
The E-2 Investor Trader Visa is only available to people from the countries that the U.S. has a Treaty with. You must invest funds that you have obtained from a lawful means. The U.S. Government does not have a predetermined amount that they consider substantial.
Friday, April 13, 2018
On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2019.
USCIS received 190,098 H-1B petitions during the filing period, which began April 2, including petitions filed for the advanced degree exemption. USCIS announced on April 6, that it had received enough H-1B petitions to reach the statutory cap of 65,000 and the master’s cap of 20,000. USCIS will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing.
USCIS conducted the selection process for the master’s cap first. All unselected master’s cap petitions then became part of the random selection process for the 65,000 cap.
Friday, March 2, 2018
The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change.
USCIS has published a policy memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite. In publishing this policy, USCIS clarifies existing regulatory requirements relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites.
Tuesday, February 20, 2018
While many regulations like increasing the H1B wage to 130K USD, Pre-registration of petitions and picking them by salary offered & qualification, increasing H1B cap, etc. have been discussed extensively and either part of the current H1B bills that are in process or Fall 2017 Regulatory agenda, none of these will be implemented for the H1B 2019 season.
How many H-1B Visas are available for the FY-2019 Quota?
58,200 (65,000 minus 6,800 taken out for Chile and Singapore H-1Bs) H-1B Visas are available per year in the Bachelor’s degrees quota.
20,000 H-1B Visas are available per year in the U.S. Master’s degrees quota.
Thursday, November 16, 2017
The DV Lottery program offers a lottery for up to 50,000 immigrant visas annually, “drawn from random selection among all entries to individuals who are from countries with low rates of immigration” to the U.S., according to U.S. Citizen and Immigration Services.
President Trump has called for its elimination, and the termination of chain migration, which happens when immigrants can enter the country, simply to be united with a relative already living in the U.S.