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Can I Travel While My Green Card I-485 is Pending?
Can I Travel While My Green Card I-485 is Pending? The short answer to this question is NO! However, you can if also have other visa or Advanced Parole to enter the USA You can apply for Advance Parole using the USCIS I-131 form to re-enter the USA if you do not have...
New USCIS Policy Updates to Improve Immigration Services
USCIS Policy Updates to Improve Immigration Services “U.S. Citizenship and Immigration Services has issued new policy updates in the USCIS Policy Manual to clarify the criteria and circumstances for expedited processing; improve request for evidence (RFE) and notice...
What Is Q Cultural Exchange Visa? How Is It Different From J1?
What Is Q Cultural Exchange Visa? “The Q-1 visa classification allows you to come to the United States temporarily to participate in an international cultural exchange program that provides practical training and employment, and shares your country’s history, culture,...
Why Does It Take So Long to Get a Green Card in the USA?
How Long Will it Take?” and “Are we there yet?” are Common Questions We have When We Think about Filing Green Cards in the USA. What Is Green Card? A green card, known officially as a permanent resident card, is an identity documentwhich shows that a person...
National Interest Exception For Travel: What Are 16 Critical Infrastructure Sectors in US ?
What are 16 Critical Infrastructure Sectors in the US? Background Of Th Travel Ban From India The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, working in close coordination with the Department of Homeland...
USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants
USCIS Temporarily Suspends Biometrics Requirement for Certain Form I-539 Applicants BACKGROUND: Beginning March 2019, USCIS required certain Form I-539 applicants and co-applicants to appear in person at an ASC to submit their biometrics In March 2020, USCIS...
What is International Entrepreneur Parole Program?
DHS Announces Continuation of International Entrepreneur Parole Program Background: DHS withdraws the proposed rule published May 29, 2018, at 83 FR 24415 as of May 11, 2021 The International Entrepreneur (IE) parole program, first introduced in 2017, will remain a...
Things You Should Know About The Travel Ban From India
Why There Is a Travel Ban From India? Background: The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, working in close coordination with the Department of Homeland Security, has determined that the Republic of...
How to Fill I-765 form Online for OPT, STEM OPT?
How to Fill I-765 form Online for OPT, STEM OPT? According to USCIS Information Update Published on April 12, 2021: " F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing...
Naturalization Explained In 10 Easy Steps
Naturalization Explained In 10 Easy Steps Different Paths to U.S. Citizenship U.S. citizenship can be obtained in one of four ways: Birth in the United States or one of its territories Birth to U.S. citizen parents (called "acquisition" of citizenship)...
Extending H1B Status Beyond the 6-Year Statutory Limit: What Options Do You Have?
Extending H1-B Status Beyond the 6-Year Statutory Limit: What Options Do You Have? Is It Possible to File Labor Certification During the 6th Year of H1-B? It is often assumed that it is impossible to file an LC if one is in the sixth year of H1B This is not exactly...
How to Avoid Most Common H-1B Filing Errors?
How to Avoid Most Common H-1B Filing Errors? Who is Eligible For H-1B Visa? This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business Qualified...
H1B 2022 Registration Lottery Results Out – Selection Notice Explained
H-1B Initial Electronic Registration Selection Process Completed! What does It Mean For the Applicants? USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap) USCIS randomly selected from...
Who is Eligible For National Interest Waiver?
What Does it Mean to Request National Interest Waiver? "Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States". What Type of Job is Eligible for Labor Certificates Waiver?...
Who is Eligible for an Investment Visa?
Background: USCIS administers the EB-5 Immigrant Investor Program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors Under a program first enacted as a pilot in 1992 and regularly reauthorized...
How to Minimize Your Risk of PERM Audits?
How to Minimize Your Risk of PERM Audits? What is PERM or Labor Certification? Program Electronic Review Management (PERM) is the system used for obtaining Labor Certification and is the first step for certain foreign nationals in obtaining an employment-based...
Update on Your Pending I-765 for OPT: USCIS Extends Flexibilities to Certain Applicants
Things you Should Know About Your Pending I-765 for OPT: USCIS Extends Flexibilities to Certain Applicants Working in The United States There are limited work opportunities available in the United States for F-1 students Hence, F-1 students must prove they have the...
Things you Should Know Before Changing Jobs After Filing I-485 With AC-21
What is AC21? Background: In 2000, Congress enacted the American Competitiveness in the Twenty-First Century Act of 2000[1] (AC21) which, in part, added INA 204(j) This provision allows certain employment-based adjustment of status applicants experiencing delays in...
Practical Tips For Filing H-1B for this Registration Period
H-1B Registration Process In 2020 USCIS implemented an electronic registration process for the H-1B cap. Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first...
2022 H1B Visa Lottery Frequently Asked Questions- Updated
2022 H1B Visa Lottery Frequently Asked Questions In this blog, we will cover all the aspects of the H-1B visa fiscal year 2022 season We will cover the following: A brief overview of The Quota Cap A Brief Overview of the Registration process New Rule Updates Lottery...
Effect of Biden Policy on H4 EAD Rule Removal, Things You Should Know
Background: H-4 Visa holders did not have the ability to work, as that was considered a dependent visa with no work authorization. This finally changed on May 26, 2015 when USCIS passed the Employment Authorization for Certain H-4 Dependent Spouses rule. PDF version...
What is The U.S. Citizenship Act 2021 About?
An Outline of Reforms Proposed In U.S. Citizenship Act 2021 Background: Trump administration's Immigration Policy was anathema to all Immigration advocates and lawyers. They looked forward to Biden's presidency and his promises of comprehensive immigration reform. To...
New Update on “Employer-Employee Relationship”
End Clients Have to File LCA Now? The Office of Foreign Labor Certification (OFLC), Employment and Training Administration, revised its interpretation of its regulations concerning which employers must file a Labor Condition Application (LCA) under 20 C.F.R. §§...
Updates about H1B Visa Changes, Proposed Rules, Lawsuits, Travel Ban, and its Aftermath
Updates about H1B Visa Changes, Proposed Rules, Lawsuits, Travel Ban, and its Aftermath In this blog, we will review all the changes and issues in the context of US immigration in the Year 2020 and also provide a current status of the same issue or topic related to...
Things You Should Know About Biometrics, Receipt Notices, OPT, and STEM OPT Extension Delays
Updates about Biometrics, Receipt Notices, OPT, and STEM OPT Extension Delays: There have been significant delays in USCIS processing such as biometrics processing, receipt notice delays, including delays in all types of EAD extensions. We briefly cover updates about...
How to Find an H-1B Visa Sponsorship?
How Can I Find U.S Employment Visa Sponsorship? The US is a powerful global force and powerhouse of innovation. The promise of the American dream and of success attracts people from all over the world If you have moved to the USA for Post Graduate Studies and want to...
What You Need Know about New Updates on DACA Renewals?
When Did DACA Get Reinstated This Year? On November 14, 2020, a United States District Court issued an order requiring the Department of Homeland Security to reinstate the DACA policy that was in effect on September 4, 2017 In compliance with an order of a...
H1B Wage Protection Interim Final Rule Overturned by District Courts
What Really Happened to “Interim Final Rule”: "On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in Chamber of Commerce, et al. v. DHS, et al., No. 20-cv-7331, finding that the U.S. Department of Labor (the...
H-1B Registration and Petition Checklist
Applying for an H-1B visa could be a very daunting and time-consuming process, hence it is good to be organized. If you are an F1 student on OPT applying for H-1B, you will require an additional set of documents from your University. So, we have put together a...
Meaning of “Use of Discretion” for Adjustment of Status, Explained
What is US Policy Manual? The USCIS Policy Manual is the agency’s centralized online repository for USCIS’ immigration policies The USCIS Policy Manual will ultimately replace the Adjudicator’s Field Manual (AFM), the USCIS Immigration Policy Memoranda site,...
Consular Processing of H-1B: Advantages and Disadvantages.
What is H1-B Consular Processing? H1B consular processing means getting an H1-B visa stamp at a US embassy outside of the US. Who is Eligible For Consular Processing? If you are currently in the USA on a visa like F1 or H4, and you also wish to apply for H1B lottery...
An Overview of Proposed Changes to the Selection Process for Cap-Subject H-1B
Background: On April 18, 2017, President Trump issued an executive order that instructed DHS to: "Propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of United States workers in...
Pros and Cons of Maintaining a H1-B While You Have Filed for An Adjustment of Status
Background The U.S. Congress allows only a limited number of employment-based green cards to be distributed per year and per country It is based on the country of birth, but not the country of citizenship Hence, for more populous countries such as India and China,...
How to File an “Adjustment of Status” for An Employment-Based Immigration
Who Can Apply for a Green Card? In order to apply for a Green Card, you must be eligible under one of the categories listed below: Green Card Through Family Green Card Through Employment Green Card as a Special Immigrant Green Card through Refugee or Asylee status...
An Overview of ITSERVE ALLIANCE, INC. et al v. SCALIA et al, and Why It Matters!
Background H1-B employers are supposed to pay as per the prevailing wage levels for H1B workers similar to US workers in an area The wages paid to H1B workers are submitted as part of the H1-B Labor Condition Application (LCA)...
EB-2 to EB-3 Downgrade Webinar
With the release of Visa Bulletin October 2020 and the progression of priority dates for Indian nationals under the EB-3 category, many people might be eligible to downgrade from EB-2 to EB-3 and apply for adjustment of status. Join our host, Dobrina Ustun, to...
EB2 TO EB3 DOWNGRADE
EB2 TO EB3 DOWNGRADE | PROS AND CONS EXPLAINED What are the risks, forms and timelines associated with an EB2 to EB3 downgrade? If you are stuck in the EB2 backlog and considering downgrading to EB3 after seeing the recent visa bulletin, here’s how it works....
What You Should Know About Interim Final DOL Rule About Prevailing Wage Amendments
What Is the Broad Purpose of This New DOL Amendment to the Existing Rule? "The Department of Labor (DOL) is amending Employment and Training Administration (ETA) regulations governing the prevailing wages for employment opportunities that United States (U.S.)...
EB-1A Visa Webinar
How extraordinary do you have to be to qualify for a "genius visa"? Find out with the Ustun Law Group as their host Dobrina Ustun presents the EB-1A Extraordinary Ability Webinar. Ustun has extensive experience working with some of the best and the brightest...
Facts About Proposed Changes to “Affidavit of Support” Process
Background : Since December 19, 1997, the Congress has required an alien’s sponsor to sign an affidavit of support under section 213A of the Immigration and Nationality Act (INA) pledging financial support for the sponsored alien in the event the sponsored alien...
Things You Should Know About Filing Concurrent H-1B, and Working for Two Employers.
Can A H-1B Holder Work for Two Employers? New Situation: The COVID-19 pandemic has forced employers and employees to quickly modify work hours and often pay. New work arrangements and reduced pay have left some H-1B workers wondering whether they can work for multiple...
H-1B Transfer Denial 101, and How to Fix IT?
Background President Trump and his allies have been a critic of the H-1B visa, claiming it has been abused by employers and resulted in lower wages for American workers. His Administration has now imposed a temporary ban on visas for foreign workers in an attempt to...
H-1B Prevailing Wage 101
H-1B Prevailing Wage is an important topic in recent times. This blog explains the significance of the prevailing wage, and how to make a guesstimate of prevailing wage for your position.
What Should you Know about the New Rule Which Aims to “Strengthen H-1B Visa”?
Background of This Rule DHS has submitted this rule to OMB as Interim Final Rule This regulation has been on the regulatory agenda for many years It first appeared in Fall 2017 It continued to appear in every other regulatory agenda, since then It was seen in Spring...
When Should I Downgrade From EB-2 to EB-3 ?
Background: If your country of birth is not India or China, you don't have to think about this as all other countries' employment-based green cards can be obtained on current dates. For all employment-based preference categories, please use the Final Action Dates...
What You Need To Know About Biden’s Proposed Immigration Plan
Trump and Biden are diametrically opposite when it comes to their respective immigration policy We will discuss in brief how one differed from the other: The Mantra for Biden's Plan is to revive America as a nation of Immigrants: "Unless your ancestors were native to...
Important Facts: Recent Complaint for Declaratory and Injunctive Relief by Manufacturing, Retail, Business,Tech and a Cultural Exchange organizations Against DHS
Background The United States economy has long been known for groundbreaking innovation American businesses stand at the vanguard of virtually every industry, supplying infrastructure, goods, and expertise to the global marketplace Innovative companies create...
Who Can Qualify for E-1 and E-2 Visa?
What is E-1 Classification? In order to be classified under E-1 nonimmigrant classification, a national should be a citizen of: A treaty country (a country with which the United States maintains a treaty of commerce and navigation Or, which has been deemed a...
Things You Need to Know About Immigration Benefit Request Fee Hike
The Department of Homeland Security announced a final rule (PDF) on July 31st, 2020. This rule adjusts fees for certain immigration and naturalization benefit requests to ensure U.S. Citizenship and Immigration Services recovers its costs of services. The...
Know Your Rights as An Immigrant In USA : Before Attending Any Peaceful Protest.
Can You Protest Peacefully in the USA even if You are Not a US Citizen? According to ICE Spokesperson Danielle Bennett: “U.S. Immigration and Customs Enforcement fully respect the rights of all people to peacefully express their opinions. In light of civil unrest...
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Ustun Law Group, PLLC
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Dallas, TX 75230
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