For US-based employers hiring foreign workers, it is important to understand the requirements and procedures of Form I-129 for H-1B and any related updates. This form allows petitioners to file on behalf of nonimmigrant workers seeking temporary employment or training in the US under H-1B nonimmigrant classification. It also facilitates requests for status changes to E-1, E-3, E-2, TN, or H-1B1, as well as extensions of stay. It’s also important to stay informed about changes in immigration laws and procedures that may affect your workforce. Among the recent updates is the final rule issued by ..read more

For the first time since 2016, the USCIS issued a final rule to modify specific fees associated with immigration and naturalization benefit requests. In this iteration, each fee is either reduced or maintained at the same level as proposed earlier, with most individual filers facing limits on fee increases. The final rule (issued on February 10, 2024) ensures that new fees will not surpass a 26% increase, aligning with the Consumer Price Index hike since the previous fee rule issued in 2016. This ceiling applies universally, even for individual filers. Additionally, a $50 discount will be appl ..read more

On January 30, 2024, the US Citizenship and Immigration Services (USCIS) announced substantial increases in fees for various immigration applications and benefit requests. This marks the first major revision since 2016, prompted by the need to address the agency’s financial and operational challenges. The new fees aim to facilitate more efficient processing of applications. Starting April 1, 2024, the updated fee schedule will take effect. To avoid the increased charges, applicants should ensure the USCIS receives their applications before this date. The need to refresh the USCIS fee structure ..read more

The United States Citizenship and Immigration Services (USCIS) is constantly exploring ways to bolster the integrity of its immigration processes. This commitment has led to a series of changes in the H-1B visa program—a system widely used by US-based companies to employ foreign workers with specialized skills. USCIS recently introduced a final rule that aims to combat fraud and simplify the H-1B visa registration process with the goal of enhancing the system’s integrity. This comprehensive overhaul seeks to make the selection process more equitable, transparent, and efficient. Beneficiary-cen ..read more

The United States Citizen and Immigration Services (USCIS) has reached a remarkable milestone for its H-1B visa program in the fiscal year (FY) 2024—it met the congressionally mandated caps of 65,000 (regular H1-B visas) and 20,000 for the US advanced degree exemption or master’s cap. Those who were not selected can expect a notification from the USCIS on their online accounts soon. If this concerns you, take the time to check your online account to know your status or talk to a green card lawyer in New York for advice. Changes in the H-1B lottery have been more significant thes ..read more

With the new year comes significant updates in immigration policies, particularly for families, employers looking to hire foreign workers, and professionals who want to work in the US. As a result of the substantial volumes of immigrant visas and adjustment of status applications being handled by the US Department of State (DoS) and US Citizenship and Immigration Services (USCIS), they are limiting the amount of available immigrant visas for the fiscal year (FY) 2024. These updates are on the January 2024 Visa Bulletin. Are you worried that these changes may affect you? Consult a family immigr ..read more

The US Citizenship and Immigration Services (USCIS) reached its annual quota of 85,000 new H-1B filings for the fiscal year 2024, following the registration process in March 2023.  This significant development affected thousands of applicants worldwide. Were you affected by this development? This article aims to clarify the complexities of the H-1B cap lottery and offers insights for those seeking guidance. You can also contact an immigration lawyer in Queens, NY, for specific legal advice regarding your case. Recent updates in the FY2024 H-1B cap The H-1B visa lottery for fiscal year 202 ..read more

The Department of State (DOS) just announced a significant development in US visa processing: Starting January 29, 2024, a pilot program for stateside visa renewal will commence, concluding on April 1, 2024. This program aims to streamline the visa renewal process for certain nonimmigrant categories and reduce global visa wait times. Individuals affected by these changes should consider consulting a citizenship attorney in NYC for personalized advice. A citizenship attorney in NYCcan provide expert guidance on navigating the new program’s requirements, help with the preparation and submission ..read more

The United States Citizenship and Immigration Services (USCIS) recently clarified, through their Policy Alert (PA-2023-29) dated October 20, that a sole proprietorship cannot file an L-1 visa petition for its owner. This decision stems from the fact that a sole proprietorship, unlike other business structures, is not recognized as a separate legal entity from its owner. The nature of a sole proprietorship A sole proprietorship is a business structure where a single individual owns all assets and is solely responsible for all liabilities. In this setup, the owner personally operates the busines ..read more

The concept of a “public charge” in US immigration law dates back to 1882, but it wasn’t formally defined until the Immigration and Naturalization Service—now replaced by the Department of Homeland Security (DHS)—introduced the “1999 Interim Field Guidance.” This guidance defined a “public charge” as an individual primarily dependent on government support for subsistence. This definition still guides DHS and the Department of State (DOS) today. The evolution of the public charge rule The public charge rule underwent significant expansion under the Trump administration, altering the eligibility ..read more