Beginning January 25, 2023, USCIS will resume bundling the adjudication of Forms I-539 and I-765 for the spouses and minor children of H-1B and L-1 nonimmigrants along with the underlying Form I-129 if the forms are filed concurrently. USCIS will adjudicate these applications together whether the I-129 petition is filed under regular or premium processing. This bundled process will be in effect for two years. The announcement did not clarify whether this applies to pending cases or merely cases filed 1/25/2023 or later.
H-1B LOTTERY CAP SEASON IS FAST APPROACHING!
We will be registering H-1B cap cases in March for submission in the lottery for FY2024.
Attention employers: If you have employees who need to be registered for the lottery, contact me as soon as possible to make sure you don’t miss a lottery opportunity this year.
Green Card Validity Extended For Those That Have Applied For U.S. Citizenship
Effective December 12, 2022, USCIS is extending the validity of green cards for 24 months upon filing an Application for Naturalization (N-400). The N-400 receipt notice and the expired green card will serve as evidence of lawful permanent residence status and satisfy the identity and employment authorization documentation for Form I-9, if presented before the 24-month extension period expires. This will eliminate the need to file for a replacement green card (Form I-90) in some cases.
COVID-19 Vaccine: Client Practice Advisory
The Fiscal Year 2024 U.S. Diversity Visa Lottery is Now Open!
Considerations When Terminating a Foreign Worker (H-1B, H-1B1, E-1/E-2, E-3, TN, L-1, O-1)
I-693 MEDICAL EXAMINATION NEWS FROM USCIS (June 28, 2022)
From USCIS:
U.S. Citizenship and Immigration Services (USCIS) plays a significant role in the processing of employment-based visas, and we want to ensure we use as many available visas as possible in fiscal year (FY) 2022, which ends on Sept. 30, 2022.
We urge anyone within the United States who may be eligible for an employment-based adjustment of status to note these important reminders regarding Form I-693, Report of Medical Examination and Vaccination Record:
- If you are planning to file an adjustment of status application, be sure to include a valid Form I-693.
- If you have a pending Form I-485, Adjustment of Status Application, please do not send an unsolicited Form I-693 to USCIS. We are proactively identifying employment-based adjustment of status applications with available visas that lack a valid Form I-693 and are directly contacting applicants to request that form.
- If you know that your previously filed Form I-485 does not have a valid Form I-693, your underlying petition is approved, and a visa is available to you, it will help USCIS use the available visas and adjudicate your application if you visit a civil surgeon and have a valid Form I-693 on hand when we send the request to you.
- A Form I-693 is valid for two years from the date that the civil surgeon signs the form.
More Information
For more information, visit our new Fiscal Year 2022 Employment-Based Adjustment of Status FAQs.
Uniting for Ukraine
Information on this new streamlined process to welcome Ukrainians fleeing Russia’s invasion of Ukraine can be found here:
FY 2023 H-1B Initial Electronic Registration Selection Process Completed
U.S. Citizenship and Immigration Services has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We randomly selected from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Deferred Action for Childhood Arrivals
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