Category Archives: Employment Based Immigration

How Many Photos Are Needed When Filing Application for Adjustment of Status

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USCIS clarified the photo requirements for the filing of the adjustment of status and its ancillary benefits in a teleconference with AILA Liaison on February 27, 2013 :

The adjustment of status applications should include six photos in total per applicant, if all three forms listed below are filed:

  • Two for the I-485 Application to Adjust Status
  • Two for the I-131 Application for Travel Document
  • Two for the I-765 Application for Employment Authorization.

This clarification reflects a change from earlier USCIS guidance provided in the 7/12/2012 NSC stakeholder call, and 8/8/2012 SCOPS minutes, in which USCIS had indicated only two photos would be required in total per applicant.

Secretary Napolitano Announces Initiatives to Promote Startup Enterprises and Spur Job Creation

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WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital inContinue Reading

How Does Passport Expiration Date Affect I-94 Period of Stay

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Visitors traveling to the United States are required to be in possession of passports that are valid for six months beyond the period of their intended stay in the United States. Citizens of certain countries are exempt the six-month rule and need only have a passport valid for their intended period of stay. When travelersContinue Reading

USCIS Reaches FY 2011 H-1B Cap

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WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date inContinue Reading

USCIS Implements H-1B/L-1 Filing Fee Increase

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WASHINGTON—On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14,Continue Reading

USCIS Updated H-1B Counts

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On June 11, 2010, USCIS issued an update count of Fiscal Year 2011 cap-subject numbers.  Approximately 22,200 H-1B cap-subject petitions counting towards the 65,000 general cap were receipted in by the Service. Only 9,400 H-1B petitions for aliens with advanced degrees from U.S. institutions have been receipted in counting towards the 20,000 Master’s cap.

USCIS to Accept H-1B Petitions for Fiscal Year 2011 Begining April 1, 2010

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U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.Continue Reading

Getting the LCA In Hand Before April 1

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Employers who employ foreign worker in H-1b position are required to submit Labor Condition Application (LCA). Because one cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR § 655.730(b)), it is suggested by AILA that to get the LCA in hand before AprilContinue Reading