Navneet's Updates

H-1B and L-1 Site Visits

Practitioners have been reporting an uptick in the number of H-1B and L-1 site visits. As you may know, the USCIS began its Administrative Site Visit and Verification Program (ASVVP) in 2009, under which site visits are conducted by the Fraud Detection and National Security directorate (FDNS) of USCIS. FDNS focuses on site visits for […]
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STEM OPT extensions and Third Party Placement

The question that we have increasingly received from our clients is whether there are restrictions on the placement of STEM OPT students at third party client sites. While USCIS and ICE have not issued any definitive guidance on this issue, most practitioners today agree that subject to certain precautions, STEM OPT students can be placed […]
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Deferred Action for Childhood Arrivals is Still Available

The Supreme Court’s 4-4 decision in United States v. Texas on June 23, 2016, does not affect the existing 2012 policy regarding Deferred Action for Childhood Arrivals (DACA). Individuals who meet the 2012 DACA guidelines may continue to come forward and file an initial or renewal request for DACA under those guidelines. For more information, […]
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Am I H-1B Cap Exempt?

If a foreign national had an H-1B approval based on being selected in the H-1B lottery, but the H-1B was revoked in the same fiscal year where the individual’s H-1B was counted, would this individual still be  H-1B Cap exempt? Scenario 1 – Never entered the United States to work:- Not H-1B Cap Exempt Based […]
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H-1B Processing delays and 240 Day Rule

H-1B extension processing delays at the service centers has been a matter of growing concern with the U.S. employers. American Immigration Lawyers Association (AILA) raised the issue of lengthy processing times, with USCIS, specifically noting that the processing of H-1B extensions at the California Service Center and Vermont Service Center continues to be extraordinarily slow. […]
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Conversion of existing PIO cards to OCI Cards – latest update from Indian Consulate, Atlanta

Procedure to be followed for conversion of existing valid PIO cards into OCI cards for all applicants falling under the consular jurisdiction of CGI Atlanta is as follows: Applications submitted to M/s CKGS in person: Applicants must provide the copy of foreign passport and original valid PIO card (and a copy) along with their applicationand other supporting documents. Thereafter the […]
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DHS Issues New Rule Extending OPT Program to 36 Months

The Department of Homeland Security (DHS) issued the final OPT STEM (Science, Technology, Engineering, Math) extension rule that extends the Optional Practical Training (OPT) program for foreign STEM students to 36 months. The F-1 visa students who are enrolled in the STEM fields of study from accredited educational institutions in the United States will be allowed, […]
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USCIS New FWV Program

USCIS to consider individual requests for parole submitted for certain relatives who are the beneficiaries of approved family-based immigrant visa petitions USCIS has announced a new program that will offer certain beneficiaries of approved family-based immigrant visa petitions an opportunity to request a discretionary grant of parole on a case-by-case basis so that they may […]
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New 24-Month Stem OPT Extension

On May 10, 2016, the new 24-month STEM OPT extension took effect. The 24-month extension will replace the 17-month STEM OPT extension previously available to F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees. Under the new program, F-1 students with a qualifying STEM degree will be eligible for 12 months of initial […]
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