Employment-Based Immigration

USCIS continues to expand its premium processing service, and this now includes work authorizations filed by F-1 students. Students who have a pending I-765 application will have the option to file their work authorizations in Premium Processing beginning March 6, 2023.  This includes the following categories: (c)(3)(A) – Pre-Completion OPT; (c)(3)(B) – Post-Completion OPT; and...

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With the FY2024 electronic registration approaching employers and their potential candidates are getting ready to submit their entries into the H-1B lottery.  However, with only 85,000 visas available and given that last year saw almost half a million registrations people are wondering how they can improve their chances of being selected. I often get asked...

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One of the biggest issues faced by spouses of H-1 and L-1 holders in the last few years was that USCIS stopped processing their applications even when filed with the principal application.  This resulted in much uncertainty and due to delays in processing cases many spouses were forced to stop working. Prior to the Trump...

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Chris Prescott is Patel Law Group’s Senior Immigration Attorney and handles all Employment and Family-based Immigration matters including EB1, EB2 & EB3 filings, Labor Certification & PERM processing, I-140 & I-485 filings, EAD & Advance Parole, H1B petitions, amendments, transfers and extensions, L1A & L1B, K1 & K3 visas, I-130 & I-485 filings, removal of...

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On January 4, 2023, USCIS posted a notice of proposed rulemaking to adjust filing fees. Certain fees, particularly cases filed using form I-129 (H-1B, L-1A, L-1B, etc.) could potentially see significant hikes as well as EB-5. Here of a brief overview of some of the notable proposed fee increases: Immigration benefit Current fee Proposed fee...

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USCIS has released a new version of Form I-485, which must be used from December 23, 2022. This form can be found at: https://www.uscis.gov/sites/default/files/document/forms/i-485.pdf This form is intended for preview only and should not be submitted prior to December 23, 2022.  This form becomes mandatory on the aforementioned date which means that the current version...

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