Navneet's Updates

Highlights on some of the provision from the recent DHS issued Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers rule, effective January 17, 2017.

Employment Authorization For certain categories of EAD, DHS will automatically extend the expired employment authorization validity period for up to 180 days where the applicant timely filed a renewal in the same eligibility category prior to its expiration date with USCIS. The employee in this situation will be able to present the expired EAD card […]
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Use of the B-1 Visa

You may be surprised to hear, that the B-1 visa, allows for more activities that you may know. In determining whether visa applicants are entitled to temporary visitor classification, you must assess whether the applicants: Have a residence in a foreign country, which they do not intend to abandon; Intend to enter the United States […]
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Public Records to be maintained by H1B Employers

Q.What Records must an H-1B employer make available to the public? H-1B employers must make the following materials available to the public within one working day of filing the Labor Condition Application (LCA) with the Department of Labor: The LCA; Rate of pay for the H-1B worker; Description or summary of the actual wage system; […]
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TNs Working for Multiple Employers

Canadian TNs: Canadian TN applicants applying at a Port of Entry (POE) should bring a TN support letter from each of the employers for whom he/she will be working in the U.S. At Land POEs: CBP will issue an I-94 with the names of the different employers annotated on the back. If there is not […]
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H-1B Employer & Nonproductive time

H-1B workers must be paid the required wage rate for all nonproductive time caused by conditions related to employment, such as lack of assigned work, lack of a permit, or studying for a licensing exam. No payment is required under the H-1B program for nonproductive time due to reasons not related to employment, such as […]
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Naturalization Filing Location for Students

If you are a student (18 years of age or older) who is applying for naturalization and your educational institution is outside of your home state, you may have two options for filing the application based on where you go to school, or where your family lives (if you are unmarried and still financially dependent […]
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Advance Parole

Due to recent changes to United States immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status or applying for an immigrant visa (refugees and asylees). Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It […]
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New House Bill Targets Indian Companies

A new bill unveiled by House Representative, Darrell Issa has been proposed to amend the use of H-1B visas and make it more difficult to obtain cheaper foreign workers in the United States. This bipartisan bill, H.R. 5801, seeks to raise the salary threshold, which would require the companies to declare to the government that […]
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Immigrant Visa for Children under CSPA

On August 6, 2002, Congress passed the Child Status Protection Act (“CSPA”) to provide “age-out protection” to child beneficiaries.  The CSPA allows certain children who are derivative beneficiaries of an immigrant visa petition to be classified as a “child” under immigration law even if the child has already reached age 21 by the time he can […]
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USCIS Expands Eligibility for Provisional Waiver Process

Effective August 29, 2016, USCIS will expand the existing provisional waiver process for individuals who are seeking to waive the unlawful presence ground of inadmissibility.  Prior to this, only certain immediate relatives of U.S. citizens could apply for provisional waivers.  This waiver now includes certain individuals who are family members of lawful permanent residents (LPRs).   To […]
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