Employment-Based Immigration

By now most people are familiar with the concept of filing a downgrade application from EB-2 to EB-3.  However, last October so many applicants filed downgrades, that the demand for EB-3 green cards, has far exceeded the number available, resulting in severe retrogression, especially for EB-3 India. In November 2021, EB-3 India dates retrogressed by...

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With each new year comes another H-1B lottery.  Although the registration won’t open until March, Employers and potential employees need to start thinking about the process early on to make sure they are prepared. In the two previous years, USCIS has used electronic registration as a way of conducting the lottery and will continue to...

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Since the pandemic began processing times have gone through the roof and continue to increase across for board for all immigration-related applications. USCIS claims it is understaffed, yet they are funded by fees, the majority of which have seen huge increases in the past few years.  For example, the premium processing fee increased from $1,410...

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Employers that hire H-1B employees need to be aware of their responsibilities when terminating an H-1B employee. When an employee comes to the US to work for an employer, they typically receive approval for 3 years.  This means they have an expectation of working for that employer for the full 3 years.  Of course, as...

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Obtaining an interview at almost any consulate outside of the U.S. has been almost impossible due to the ongoing pandemic and as a result, many have been left unable to return to the U.S. To help facilitate the issuance of visas and clear the backlog, the Department of State announced that they would waive the...

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USCIS has announced that it will not require applicants to file their medical report within 60 days of the civil surgeon signing the I-693.  This is effective December 9, 2021 and will remain the case until September 30, 2022. Previously, USCIS had required applicants applying for adjustment of status to submit their medical report within...

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H-1B visa is one of the most utilized visas by employers to bring foreign talent to the U.S. The H-1B program is intended to allow employers to hire foreign workers temporarily, where such skills cannot be found domestically. The H-1B program is available for specialty occupation workers and fashion models of distinguished merit and ability....

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The Department of Homeland Security (DHS) has now agreed to a settlement after the American Immigration Lawyers Association (AILA) and Partners, filed a Federal Lawsuit claiming, that the prohibition on qualifying H-4 and L-2 applicants benefits from the 180-day extension, was unlawful. For details of our original article please click the following link: https://patel-law-group.local/aila-files-lawsuit-claiming-h-4-and-l-2-ead-should-qualify-for-180-day-automatic-extension/ The...

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