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Month: January 2023

H-1B

Education Eligibility Criteria for H-1B and Latest USCIS Trends

With the H-1B quota being right around the corner, now is a good time to review the latest trends with respect to educational eligibility requirements for H-1B filing. This will help to better prepare for the upcoming H-1B cap season.

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January 20, 2023
Asylum

Immigration Outlook 2023: H-1B Visas, Green Cards, DACA, and More

The immigration outlook is expected to change in 2023. Major immigration reform may not be achievable. However, we believe there will be administrative rulemaking and policy shifts in the coming year. See how DACA, H-1B and other programs may be affected.

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January 19, 2023
Uncategorized

U.S. Embassies in India to Double Staff to Address Visa Issuance Speed

As a result of the pandemic and the resulting slowdown in services, wait times for a visa in India have seen historic highs. However, as announced by the U.S. Assistant Secretary of Commerce for Global Markets, Mr. Arun Venkataraman, efforts to double staff are underway to address the ongoing wait times. Potential candidates include diplomatic spouses.

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January 19, 2023
Employment Based Visa

Employment-Based Visa 60-Day Grace Period Overview

With the ongoing job loss affecting a big section of the workforce, it is worth noting that the regulations allow a discretionary grace period that allows workers in certain visa classifications plus any of their dependents, to be considered as having maintained status following the termination of their employment.

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January 18, 2023
Visa Bulletin

February 2023 Visa Bulletin: Worldwide Retrogression in EB3 “Other Workers” Category

The February 2023 Visa Bulletin showed little movement forward. There is retrogression worldwide for some categories, specifically, EB-3 Other Workers category. Contact us to get the right advice on how to manage these changing dates.

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January 18, 2023
Deferred action

DHS Announces Updates to Labor Enforcement Investigations

A streamlined process to submit deferred action requests is now available for noncitizen workers who are witnesses to or victims of labor rights violations, the U.S. Department of Homeland Security (DHS) announced. Deferred action protects noncitizen workers from exploitive employers who use threats of immigration-related retaliation.

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January 17, 2023
Supreme Court
Deportation

Supreme Court to Consider Obstruction of Justice as Basis of Deportation

A pair of cases that consider whether deportation is appropriate for some obstruction of justice claims will be heard by the U.S. Supreme Court. The two matters come from split decisions via the Ninth Circuit and the Fourth Circuit courts.

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January 17, 2023
border security

Border Appearance Appointment Scheduling Live on DHS’ CBP One App

The Department of Homeland Security announced the scheduling feature is now available on the Customs and Border Protection, CBP One mobile application. This is one element of the overall border enforcement updates the Biden Administration announced to limit illegal immigration, increase security, and provide pathways to legal immigration.

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January 16, 2023
EB-1

USCIS Announces Next Phase of Premium Processing Expansion

The next phase of premium processing expansion has begun. This is the final expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 visa categories.

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January 13, 2023
Ukraine

Ukrainians Seek Reimbursement of Employment Authorization Fees

A refund of approximately $80 million in work permit application fees is being requested by a group of Ukrainian nationals. The group asks the U.S. Court of Federal Claims to order U.S. Citizenship and Immigration Services (USCIS) to provide the refunds.

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January 12, 2023
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