Share

Immigration Law Blog

Monday, September 16, 2019

USCIS Proposes H-1B Electronic Registration Fee Rule

An advance copy of a notice of proposed rulemaking requiring petitioners seeking to file H-1B cap-subject petitions to pay a $10 fee for each electronic registration submitted to USCIS for H-1B cap selection was released by USCIS on September 3, 2019 and published in the Federal Register on September 4, 2019. 

DHS published a final rule on January 31, 2019 requiring petitioners seeking to file H-1B cap-subject petitions, including eligible petitioners for the advanced degree exemption, to electronically register first with USCIS during a designated registration period unless the requirement was temporarily suspended.  If registration is required, only those H-1B candidates selected will be eligible to file an H-1B cap-subject petition.  The final rule became effective on April 1, 2019 but USCIS suspended the registration requirement for the fiscal year (FY) 2020 cap filing season.


Read more . . .


Wednesday, August 28, 2019

Final USCIS Rule Enforces Long-Standing Public Charge Inadmissibility Law

On August 12, 2019, the U.S. Department of Homeland Security (DHS) announced a final rule defining a long-standing law that ensures immigrants in legal temporary or permanent status (seeking to enter and remain in the U.S.) are able to rely on their own capabilities and the resources of family members, sponsors, and private organizations instead of public resources.

The final rule, an amendment to DHS regulations, includes changes/additions such as specifying how DHS will establish the inadmissibility of an alien to the United States based on the probability of the alien becoming a public charge in the future.  It will also make nonimmigrant aliens who have received certain public benefits above a specific limit after obtaining the nonimmigrant status they seek to extend, or from which they seek to change, ineligible for extensions of stay and change of status. 


Read more . . .


Wednesday, June 26, 2019

USCIS Expands New Fee Payment System to New York and other Field Offices

On June 7, 2019, USCIS updated the fee payment system used in New York Field Offices, including offices in New York City, Brooklyn, Long Island, and Queens, and fully replaced the older fee payment system that was previously used.  Applicants will no longer be able to pay fees by money order or cashier’s check, and the only acceptable forms of payment using the new system are:

  • Debit card;
  • Credit card;
  • Reloadable prepaid credit or debit card;
  • Personal check;
  • Business check; or
  • Attorney check.


Read more . . .


Tuesday, June 25, 2019

Data Entry for Fiscal Year 2020 H-1B Cap-Subject Petitions Completed

On May 17, 2019, USCIS announced their completion of H-1B cap-subject petitions data entry for fiscal year 2020, including petitions selected via USCIS’ computer-generated random selection process as well as those selected under the U.S. advanced degree exemption.

Read more . . .


Monday, June 24, 2019

USCIS will Transfer Interview Cases Outside Normal Jurisdiction to Decrease Processing Times


In order to decrease location-based disparities in the processing times for Form I-485, Application to Register Permanent Residence or Adjust Status, and Form N-400, Application for Naturalization, USCIS will start transferring cases to field offices outside their normal jurisdiction for more efficient adjudication.
Read more . . .


Monday, June 24, 2019

Social Media Identifiers to be Collected from U.S. Visa Applicants


The Department of State revised its immigrant and nonimmigrant visa application forms to now request social media identifiers.  Specifically, in addition to information already requested on visa applications, such as travel history, family member information, and previous addresses, most U.S. visa applicants worldwide will now be required to also provide details regarding names or “handles” used on social media platforms (i.e.
Read more . . .


Monday, June 24, 2019

USCIS to Reject I-129 Petitions Lacking Applicant or Petitioner Primary U.S. office address

USCIS will start rejecting Form I-129, Petition for Nonimmigrant Worker, where the name and primary U.S. office address of the petitioner or applicant are missing (in addition to other form requirements, such as incorrect fee, missing signature, and/or unauthorized third-party signature on behalf of the petitioner).  

Read more . . .


Monday, June 24, 2019

USCIS Begins Premium Processing for Remaining FY 2020 H-1B Cap-Subject Petitions on June 10, 2019

USCIS began premium processing service for all remaining Fiscal Year (“FY”) 2020 H-1B cap-subject petitions on June 10, 2019.  Petitioners may now file a Request for Premium Processing Service (Form I-907) with the USCIS service center where their petitions are currently pending.  Note that premium processing service remains available for cap-exempt H-1B petitions such as requests for Extension of Stay. 

Read more . . .


Monday, June 24, 2019

USCIS Announces New eProcessing Strategy to Enable Expansion of Online Filing

On May 22, 2019, USCIS announced a new eProcessing strategy that will accelerate its transition to a digital business model.  eProcessing will therefore be completely digital from start to end and will include the ability to apply for a benefit, communicate with USCIS and receive a decision on a pending case in addition to receiving biometrics appointment notices, status updates, ability to respond to Requests for Evidence and update/change contact information.  Through eProcessing, USCIS will create official digital immigration records from time of application to final decision, and will continue to issue Forms I-797, Notices of Action, and Forms I-94, Arrival-Departure Records, as evidence of benefits granted.

Read more . . .


Friday, April 26, 2019

CBP Announces New Alphanumeric Format for I-94 Numbers

U.S. Customs and Border Protection (“CBP”) announced that I-94 numbers will become alphanumeric effective May 2019 and that in replacement of the 11-digit numerical format, the new format will now have 9 digits with a letter in the 10th position and a digit in the 11th position.

CBP further provided that I-94 records that have not expired and were issued with the current numeric-only format will continue to be valid until the "Admit Until Date" reflected on the paper I-94 record (in passports) or on the electronic version found on CBP's I-94 website


Read more . . .


Thursday, April 18, 2019

Immigration for Athletes

Some of the greatest athletes in the U.S. were born overseas. Basketball stars Dirk Nowitzki (Germany) and Yao Ming (China), ice hockey stars Sidney Crosby (Canada) and Alexander Ovechkin (Russia), and soccer star David Beckham (England) are household names in their respective sports – countless other foreign-born sports stars dominate in the U.S. While the sports that these athletes participate in vary dramatically, these athletes all share a common factor: their status as an athlete is highly influential in their ability to travel to the U.S.

For athletes, entering the U.S. depends upon their intent. For athletes seeking to temporarily enter the U.S. for a specific sporting purpose, they may apply for and enter under the P-1 visa. To receive a P-1 visa, the athlete must meet the U.S. Citizenship and Immigration Services (“USCIS”) definition of “international recognition” as an athlete:

“Having a high level of achievement in a field evidenced by a degree of skill and recognition above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country.”

Additionally, members of teams meeting the above definition may also apply for the P-1 visa. The P-1 visa allows athletes to enter the U.S. for a specific sporting purpose and compete for payment or prize money. It’s also possible for athletes to work and study while in the U.S. on a P-1 visa, although the USCIS places restrictions and reporting requirements on both. 

International athletes may also apply for the O-1 visa. This non-resident visa is broader than sports, encompassing arts, business, education, and sciences as well. To qualify for the O-1 visa, the applicant must demonstrate extraordinary ability by satisfying at least three of the following requirements:

  1. Have received national or international awards or prizes of excellence in their field.
  2. Being are a member of associations whose membership requires outstanding achievement, judged by nationally or internationally recognized experts in the respective discipline.
  3. Their work has been featured in professional or high-profile trade publications, or mainstream media.
  4. The applicant has served in some capacity as a judge of others in the same (or closely related) field. This could either be individual or as part of a judging panel.
  5. Have had articles published in professional or notable trade publications.
  6. Have made original scientific, academic, or business contributions of major significance in their respective field.
  7. Have served in a leading or critical capacity for highly regarded organizations or establishments.
  8. Command a high salary or remuneration for their services.
  9. Other relevant evidence of exceptional expertise that does not fit any of the above criteria.

Other visas, such as the B-1 visa, may also apply to athletes and provide immigration or travel opportunities. Due to the specificity of visas and ability to qualify under more than one, it’s best to discuss with an experienced immigration attorney if you have questions or concerns about traveling or immigrating to the U.S. as an athlete.  

 


← Newer12 3 4 5 6 7 8 9 10 11 12 13 Older →

Archived Posts

2019
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
2014
2013




© 2019 Fuller & Fuller LLP | Attorney Advertising
845 Third Ave., Suite 1700, New York, NY 10022-6601
| Phone: 212. 317.0700

Services Overview | Nonimmigrant Visas | Lawful Permanent Residence | I-9 Compliance | Naturalization (U.S. Citizenship) | Links & Resources | About Us

Law Firm Website Design by
Zola Creative