On August 23, 2022 USCIS announced that it has reached the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption (“master's cap”) for fiscal year (FY) 2023. All applicants not selected in the cap should see their online account updated to re...
Immigration Newswire
Immigration law is composed of statutes, regulations, case law and non-binding agency guidance. The primary statute with which we deal as immigration attorneys is the Immigration and Nationality Act.
The regulations we reference are all included in various volumes of the Code of Federal Regulations (“CFR”). We primarily use 8 CFR, which is USCIS regulations; 20 CFR, which is Department of Labor regulations; and 22 CFR, which is Department of State regulations.
In addition, we cite to precedent decisions by the Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO).
Finally, the various federal agencies with which we deal provide frequent administrative guidance which is not binding but which governs their internal policies.
By providing you with the latest immigration legal news, we hope to offer practical insights into the ways various legal provisions are being construed by the government.
USCIS Releases New Guidance on Specialized Knowledge for L-1B Beneficiaries
On March 24, 2015, USCIS released a draft version of a memorandum on the adjudication of L-1B petitions. By Tabitha O'Connell On March 24, 2015, USCIS released a draft version of a memorandum on the adjudication of L-1B petitions. The L-1 category is for “intracompany transferees” and the L-1B ...
Does My Conviction Make Me Inadmissible to the United States?
Filing a nonimmigrant waiver application unnecessarily could have the unintended consequence of preventing someone from ever being eligible for permanent residency. Section 212 of the Immigration and Nationality Act (“INA”) enumerates various grounds of inadmissibility to the United States. Thos...
H-1B CAP lottery for FY2016 complete!
The Immigration and Nationality Act places an annual cap of 65,000 on the number of new H-1B petitions that can be filed in any given year. In addition, the first 20,000 petitions filed for individuals with a U.S. masters degree or higher are exempt from the 65,000 cap, meaning that there are act...
Amended H-1B Petition Now Required Whenever a New LCA Is Filed
USCIS regulations require that whenever there is a material change in an H-1B beneficiarys position, the petitioner must file an amended petition to reflect the change. The term material is not defined, however, so the circumstances triggering the need for an amended petition are not clear. USCI...
H-1B Cap Filings Due First Week of April
The Immigration and Nationality Act places an annual cap of 65,000 on the number of new H-1B petitions that can be filed in any given year. In addition, the first 20,000 petitions filed for individuals with a U.S. masters degree or higher are exempt from the 65,000 cap. The Immigration and Natio...