Employment-Based Immigration Category

‘Tis The Season of…. H1bs! Deadline April 1st 2016

I often refer to April 1st as the business immigration lawyers ‘tax day’.  Every year, the government has a cap of 65000 H1b visas for people with a Bachelor’s degree and an additional 20,000 reserved for those who have a Master’s or higher degree from a US university. The visa starts from October 1st each […]

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Final Rules Improving H1b1, E3, CW1 and EB1 Visas- Go Into Effect Feb. 16th

DHS published final rules f today that would enhance policy to improve H1b1, E3, CW1 and EB1 visas.  These are small improvements in the bigger picture but very welcome and will make a big difference in practice.  The rules will be effective from February 16th. Copied text “Specifically, this final rule amends DHS regulations as […]

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Tahmina’s Interview with Rucha Humnabadkar, Movie Director- For Here or To Go?

On our first Desi 1250AM radio show “Immigration with Tahmina Watson” of 2016, we talk to Movie Director Rucha Humnbadkar about her wonderful movie For Here or To Go? A movie that depicts the problems of the broken immigration system, specifically high-skilled immigration. Coincidentally, employment-based immigration rules regarding I-140/AC21 were published to the Federal Register on […]

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Tahmina’s Thoughts on The I-140- EAD and AC-21 Proposed Regulations

I know many of you have been anxiously waiting for the proposed regulations that were published on the Federal Register today. Since the Executive Action announcements were made in November 2014, today’s proposed regulations were likely one of the most anticipated ones for high-skilled immigration fixes. One of the ‘asks’ that the advocacy groups had […]

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USCIS Proposed Rule: Automatic Extension of EADs

Anyone on an EAD (you know who you are!) that needs to extend his or her EAD (employment authorization document) that it can be an anxiety filled process if the EAD approval is not received before the current one expires.  People have to stop working as soon as the EAD expires. It harms the employer […]

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USCIS Proposed Rules: Retention of Priority Dates

The proposed rules will make a significant change in retaining priority dates in employment-based immigrant petitions.  Currently, the priority date of an immigrant petition, can be retained in subsequent applications UNLESS the petition has been denied or revoked. The new rules will allow the retention of the priority date of the denied or revoked petition […]

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USCIS Proposed Rule: Non-Immigrant Workers get 60 days grace period!

There is a common misunderstanding of grace periods.  I have many clients, especially on H1b visas, say they believe they have 30 days.  When I tell them that they have 10 days before and after validity of visa period and NO grace period when fired or laid off, jaws drop. The truth is that different […]

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New USCIS proposed rule: No more revocation of certain I-140s!

One of the most anxiety causing issues for an employment-based immigrant stuck in the green card blackhole (otherwise known as backlog) is whether his or her employer will revoke an approved I-140. This is because the person’s stay in the US can be immediately affected and no further H1bs will be approved.  Imagine an entire […]

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A new year’s gift from USCIS: 140 portability rules and much more

As per President Obama’s executive action announcement of November 2015, a year later, we are presented with the much anticipated policy change rules that will likely make employment-based immigration better in some circumstances. The 181 page proposed rules ( 140eadexecaction fr text dec 30 2015 ) will be published to the Federal Register tomorrow Dec. 31, 2015. […]

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EB5 Extended Without Change but H1b & L1 Not So Lucky

The budget deal in Congress yesterday included some immigration provisions. Some visa programs had deadlines so needed to be addressed. The EB5 regional center (‘pilot’)Program was set to expire but like previous years, it was extended. This time is was extended until September 2016. In the past, the extensions have been for up to 3 […]

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