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Federal Court Decision Puts F-1 Work Authorization in Jeopardy Unless DHS Works Fast!!!

Aug 14, 2015

On August 13, 2015, The US District Court for the District of Columbia dramatically curtailed immigration benefits that F-1 students have been relying on since 2008. In Washington Alliance of Technology Workers vs. US Department of Homeland Security, the District Court invalidated USCIS’s 2008 17-month Optional Practical Training (OPT) extension rule. The 2008 rule had 3 main benefits: (1) the rule allowed F-1 students with degrees in certain science, technology, engineering or math (STEM… Read More


Newsflash!!! USCIS issues guidance and clarifies timelines for amendment filings under Matter of Simeio.

Jul 22, 2015

On July 21, 2015, USCIS issued additional guidance changing certain aspects of the Simeio decision clarifying the timelines for such amendments and extending the safe harbor provision until January 15, 2016. The key points are as follows: An Employer is no longer required to file an amendment petition, if the H-1B employee changed work location prior April 9, 2015. It is important to note that the employer is exempt from the filing requirement if a certified LCA was in place prior to the…


COMMON H-1B RFEs AND HOW TO ADDRESS THEM

Jun 19, 2015

When U.S. Citizenship and Immigration Services (USCIS) needs additional information or documentation in order to make a decision on an H-1B petition, it will issue a Request for Evidence (RFE). As USCIS continues to apply increasing levels of security on H-1B petitions, RFEs are becoming more and more common. While an RFE can touch on any aspect of the petition, three of the most common issues brought up in RFEs are beneficiary qualifications, whether or not the offered positon is truly a &ldquo… Read More


ALERT: WORLDWIDE VISA SYSTEM CRASH!!!

Jun 18, 2015

A major computer glitch has crashed the Department of State’s global visa processing system. Therefore, embassies and consulates worldwide are experiencing significant delays in issuing immigrant and non-immigrant visas. The Department of State is working around the clock to resolve this problem. However, they do not expect the system to be online by next week. Therefore, individuals who are applying for visas (i.e. stamping) will experience delays of up to four to five weeks. Currently…


USCIS Guidance: Change in Work Location H-1B Amendments MUST Be Filed by August 19, 2015

May 22, 2015

On April 9, 2015, the Administrative Appeals Office (AAO) issued Matter of Simeio Solutions, LLC, a precedent decision holding that an employer MUST file an amended H-1B petition before an employee begins working at a location outside of the Metropolitan Statistical Area (MSA) specified in the initial petition.  Under the new rule, failure to file an amendment in this circumstance could result in the revocation of the H-1B petition. This is in stark contrast to the long-standing position… Read More