USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). USCIS randomly selected from among the registrations properly submitted. The agency intends to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration. Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered): Submitted: A registration ..read more

The United States has confirmed cases of individuals who have a severe acute respiratory illness caused by a novel (new) coronavirus (“2019-nCoV”) (“the virus”) first detected in Wuhan, Hubei Province, People’s Republic of China (“China”).   The virus was discovered in China in December 2019.  As of January 31, 2020, Chinese health officials have reported approximately 10,000 confirmed cases of 2019-nCoV in China.  An additional 114 cases have been confirmed across 22 other countries; in several of these cases, the infected individuals had not visited China.  More than 200 people have died fro ..read more

In some cases, your I-140 employment-based green card may have been denied. What to do now is the first question on many folks minds. There are mostly two options: option one is to Appeal or file a Motion to Reopen/Reconsider, or option two is to simply re-filing. The right option is mostly case by case basis and it is recommended that anyone with a denied I-140 should consult with proper immigration counsel for their case specific options and recommendations. However, generally you may be able to re-file your case versus appealing or filing a motion. Why it may be an advantage to re-file ..read more

USCIS announced on Jan 22nd that, due to the Oct. 3, 2018, termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran, Iranian nationals are no longer eligible for E-1 treaty trader and E-2 treaty investor changes or extensions of status based on the treaty. The E-1 and E-2 nonimmigrant visa classifications allow an alien of a treaty country to be admitted to the United States for the purposes of engaging in international trade or investing a substantial amount of capital into a U.S. business. E-1 and E-2 nonimmigrant visas are based on trade and investment tre ..read more

USCIS published a notice in the Federal Register announcing the implementation of the registration process for H-1B cap-subject petitions for FY2021. The initial H-1B petition registration period will begin on 3/1/20. USCIS intends to close the initial registration period on 3/20/20. About the new H-1B Process Under this new process, employers seeking H-1B workers subject to the cap, or their authorized representatives, will complete a registration process that will require only basic information about their company and each requested worker.  Employers and their representatives will be able t ..read more

Posted by: Kaitlyn Garcia, Business Immigration Attorney, KNG Law. First time Vlog! I have been wanting to post a video for the longest time and finally a client recently inspired me to do so. Below is my first stab at a video containing some helpful immigration information. This video deals with H-1B Public Access Files and how to look up the prevailing wage surveys needed for the public access files. H-1B employers need to create a Public Access File (PAF) for every H-1B case they start (whether filed or not). In this brief tutorial, I go over how to look up wage surveys to include in your ..read more

U.S. Citizenship and Immigration Services today, Dec 6, 2019, announced that it has completed a successful pilot testing phase and is implementing the registration process in the next H-1B lottery. Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee. The electronic registration process will dramatically streamline processing by reducing paperwork and data exchange, and will provide an overall cost savings to petitioning e ..read more

On Nov. 20, U.S. Citizenship and Immigration Services announced that the Agency has reached the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2020. Nov. 15 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2020. USCIS will reject new cap-subject H-2B petitions received after Nov. 15 that request an employment start date before April 1, 2020. USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes the fo ..read more

How to check your case status: https://egov.uscis.gov/casestatus/landing.do Checking processing times? Is your case outside normal processing times? https://egov.uscis.gov/processing-times/ How to send USCIS a case status request, if your case if falling outside normal processing times. https://egov.uscis.gov/e-request/Intro.do If you have any questions about your case status and what to do if your case is falling outside normal processing times please reach out to KNG Law with an email at info@kngarcialaw.com ..read more

U.S. Citizenship and Immigration Services announced beginning on December 2nd, it is raising the fee to request premium processing by 2.13% from $1,410 to $1,440. The increase will apply to form I-129, petition for a Nonimmigrant Worker and Form I-140 Immigrant Petition for an Alien Worker.  The increase, in accordance with the Immigration and Nationality Act, is based on inflation from the implementation of the premium processing fee in June 2001 through August 2019. The Increase was determined by using the Consumer Price Index for all Urban Consumers (CPI-U). USCIS last increased the fee in ..read more