Selection based on highest wages may be replaced to H-1B lottery

Oct 29, 2020

The Department of Homeland Security (DHS) declared on 28/10/2020 a proposed rule to amend the H-1B regulations administering the process by which the annual H-1B lottery is directed.

If established as proposed, USCIS would initially choose enlistments (or petitions, if the enrollment cycle is suspended). in view of the highest Occupational Employment Statistics (OES) prevailing wage level that the offered wage approaches or surpasses. This would replace the random H-1B selection way. In this way, offering a Level 4 OES wages would improve the odds of selection.

The reason given for this proposed rule is to help counter the descending tension on the wages of U.S. laborers that is made by a yearly convergence of moderately lower-pay, new cap-subject H-1B specialists (i.e. Level 1 OES compensation).

As per the DHS, the progressions proposed in this rule would give some perspective petitioners the ability to possibly improve their opportunity of selection by agreeing to pay H-1B beneficiaries higher wages that equal or surpass higher prevailing wages levels.

DHS will open a public remark period once the proposed rule is published in the Federal Register. Interested parties will have 30 days to submit remarks pertinent to the proposed rule and 60 days to submit remarks pertinent to the proposed information collection. DHS will survey all appropriately submitted remarks, consider them cautiously, and draft responses prior to issuing a final rule.

***

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U.S. to relax Covid travel restrictions for vaccinated foreign nationals from November 2021

Sep 20, 2021

Today, the White House announced that the US will lift Covid travel bans on all air passengers from 33 countries including India, China, Brazil, and most of Europe who are fully vaccinated against COVID-19. Foreign Nationals will have to test negative for COVID-19 within 3 days of travel and provide proof of the negative result, as is currently required. Americans not fully vaccinated will still be able to enter, but only on testing negative within a day of travel.

The Biden administration will also be making additional recommendations to stop the spread of COVID-19, including
1) Continuing the mask mandate through January 18, 2022
2) Expanding pre-departure and post-arrival testing requirements
3) Implanting a contact tracing order for airlines
The US had lagged other European countries in lifting such restrictions, and allies welcomed the move.

Please contact us directly if you have any questions relating to the Travel restrictions, Green Card or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

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USCIS Announces FY 2023 H-1B Cap Initial Registration to Start from Mar 01, 2022

Jan 28, 2022

The United States Citizenship and Immigration Services (USCIS) has announced that the initial registration period for H1B for the fiscal year 2023 will begin at noon ET on March 01, 2022, and run through noon ET on March 18, 2022. During this period, potential petitioners and their representatives can use the online H1B registration system to complete and submit registrations.

As in past years, USCIS has used an electronic filing system to accept H1B petitions. USCIS provides a confirmation number for each registration received for the fiscal year 2023 H1B restricted season to track the registrations. Upon receipt of sufficient applications, USCIS will begin the random selection of H1B enrollments on March 18, 2022. The Agency will notify the selected applicants by email by March 31, 2022.

Please contact us directly if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

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Luke Bowman

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FY 2025 H-1B Cap Registration Deadline has been extended by USCIS to March 25, 2024

Mar 22, 2024

Due to a recent systems failure that hindered users from completing the essential processes to submit registrations for potential H-1B beneficiaries, U.S. Citizenship and Immigration Services is extending the deadline for FY 2025 cap registrations to Monday, March 25, 2024, at noon ET. Users of the registration system have encountered several technical issues leading up to the most recent outage during the FY 2025 H-1B cap registration period, which started on March 6. Employers will still be notified by USCIS by March 31, 2024, about the beneficiaries chosen in the H-1B cap lotteries.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

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Final H-1B Modernization Rule's First Phase Announces Changes to H-1B Cap Registration; FY 2025 Registration Period and H-1B Organizational Account "Live" Date

Feb 01, 2024

A final rule from the Department of Homeland Security (DHS) aiming to tighten H-1B fraud prevention measures will be issued on February 02, 2024 and go into effect 30 days later. It will alter the H-1B cap registration selection procedure from registration to selection by beneficiary. A number of improvements to the H-1B cap procedure are introduced in this final rule, and they will all take effect prior to the opening of the FY 2025 H-1B cap registration system.

Additionally, USCIS has announced that the registration period for the FY 2025 H-1B cap will open at noon ET on March 6 and close at noon ET on March 22. The FY 2025 H-1B cap registration period will also utilize the new online organizational account system from USCIS, which will launch on February 28 at 12:00 ET. Starting on February 28, employers can create new accounts in the system and current account holders can update their present accounts. In the upcoming weeks, USCIS is anticipated to release additional details regarding the new account system and its associated e-filing feature.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

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H-1B Cap Registration Schedule for FY 2025 Announced by USCIS

Feb 05, 2024

According to USCIS, sponsoring firms have until noon ET on March 06, 2024, to submit registrations for the FY 2025 H-1B quota. As in previous years, the registrations for which an H-1B cap petition may be filed will be chosen by USCIS through a computerized lottery that is conducted at random. USCIS will replace the registration-centric H-1B cap registration selection method that has been in place since 2020 with a beneficiary-centric one this year.

On February 28, 2024, at 12:00 ET, the USCIS's new organizational account system will go online. Starting on that day and continuing through the end of the registration period on March 22, 2024, prospective H-1B employers will have the ability to create new accounts in the system, and current "registrant" account holders will have the ability to upgrade their current accounts to an organizational account.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

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Luke Bowman

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Luke Bowman

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Significant Increases in Fees for Employment-Based Filings Will Be Effective From April 1 Due to the USCIS Fee Rule

Feb 01, 2024

A final regulation to be published in the Federal Register on January 31 states that a new USCIS fee schedule, effective April 1, will increase filing fees for many immigration benefit petitioners and applicants, and most significantly for employment-based petitioners. For USCIS petitions and applications submitted by April 1, 2024, or later, the revised fee schedule will be in effect.

According to the agency, without more money from the fee adjustments, backlogs at the agency will only get worse. The government says that the new fee adjustments are required for USCIS to enhance processing times and offer sufficient service. The last time USCIS changed its fee schedule was in December 2016, when it saw a 21% weighted average increase in fees.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

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Luke Bowman

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Luke Bowman

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FY 2024 H-1B Cap Update – Second Round Lottery Completed

Aug 01, 2023

The United States Citizenship and Immigration Services (USCIS) announced that have completed the second round H1B lottery and informed all the potential employers of the applicants selected in the second round lottery. An additional 77,600 registrations were selected in the second round of the H1B visa lottery.

Please contact us directly if you need help sponsoring workers for H1B visas.

***

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Luke Bowman

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Luke Bowman

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FY 2024 H-1B Cap Update – USCIS to conduct second lottery round

Jul 27, 2023

The United States Citizenship and Immigration Services (USCIS) has announced the second draw for H-1B visas for fiscal year 2024. This is conducted because USCIS did not receive enough H-1B cap applications during the first 90-day application period to reach the 85,000 quota for fiscal year 2024. USCIS will announce when it has completed the second lottery selection process to all employers with newly selected registrations.

Please contact us directly if you need help sponsoring workers for H1B visas

***

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Luke Bowman

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Luke Bowman

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FY 2024 H-1B Cap Initial Registration Period Opens on March 01, 2023

Jan 27, 2023

According to a statement released by U.S. Citizenship and Immigration Services, the 2024 H-1B Cap Initial registration period opens at noon ET on March 1 and runs through noon ET on March 17, 2023.

For the FY 2024 H-1B cap, USCIS will give a confirmation number to each register. You cannot use this number to track the status of your case in Case Status Online; it is only used to track registrations. The electronic registration of each beneficiary for the selection process must be done through a myUSCIS online account, and the related H-1B registration fee must be paid for each registration.

However, registrants and representatives must wait until March 01, 2023, to enter beneficiary information and submit the registration. Representatives may add clients to their accounts at any time. In a single online session, prospective petitioners or their representatives would be able to register several beneficiaries.

If sufficient registrations are received by March 17, 2023, USCIS will randomly choose registrations and notify people via their myUSCIS online accounts of their selection. All registrations that were correctly submitted during the initial registration period will be chosen if we do not get enough registrations. Account holders will be informed by March 31, 2023.

Please contact us directly if you need help sponsoring workers for H1B visas

***

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Luke Bowman

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Luke Bowman

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Proof of vaccination required for Non-US travelers entering from Canada or Mexico

Jan 21, 2022

Starting January 22, 2022 - The Department of Homeland Security will require non-U.S. individuals entering through U.S.-Mexico and U.S.-Canada borders to provide proof of vaccination. These new restrictions will apply to non-U.S. individuals who are traveling by land or ferry for both essential and non-essential reasons. These restrictions will not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals and for children under 18.

Please contact us directly if you have any questions relating to the Travel restrictions, or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

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Luke Bowman

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

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Second Lottery conducted by USCIS to select more H-1B cap cases from previously submitted FY 2022 registrations

Jul 29, 2021

US Citizenship and Immigration Service (USCIS) has provided another chance for H-1B candidates whose cases were not picked in the initial lottery selection process for FY 2022. USCIS selected additional registrations to reach their FY 2022 numerical allocations as they did not receive enough H-1B cap petitions during their initial filing period, which ran from April 01, 2021, to June 30, 2021.

According to the USCIS, on July 28, 2021, they conducted a second lottery process and the filing period for those selected in the second round will begin from Aug 02, 2021, till Nov 03, 2021. This is the second consecutive year when the USCIS conducted a second round of lottery process for H-1B cap cases. This is also good news for international students in the US who are eligible for a change of status.

Please contact us directly if you have any questions relating to the second H-1B Lottery, Travel restrictions, NIE, or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

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Luke Bowman

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Luke Bowman

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State Department announces extension of validity for National Interest Exceptions (NIE)

Jul 06, 2021

The U.S. State Department has expanded the validity of National Interest Exceptions (NIE) for travelers subject to restrictions under Presidential Proclamations (PPs) 9984, 9992, 10143, 10199, and similar subsequent PPs related to the spread of COVID-19. Unless otherwise indicated, existing NIEs will be valid for 12 months from the date of approval and multiple entries, as long as they are used for the purpose under which they were granted.

The new extension policy is effective immediately and applies to travelers subject to these proclamations due to their presence in China, Iran, Brazil, South Africa, the Schengen Area, the United Kingdom, Ireland, and India who currently have approved NIEs or who were granted NIEs in conjunction with a visa application.

Please contact us directly if you have any questions relating to NIE, Travel restrictions or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

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Sincerely,

Luke Bowman

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

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US is waiving in-person interviews for certain H-1B, other visas through 2022

Dec 24, 2021

The US Department of State (DOS) has made an announcement indicating that they are waiving in-person interview requirements at local consulates for several non-immigrant work visa categories and the dependents of such visa holders till Dec 2022. Due to the COVID Pandemic US Consulates have been operating with very limited capacity. The consular officers will now be temporarily authorized to waive in-person interviews for nearly a dozen visa categories, including Persons in Specialty Occupations (H-1B visas), visas for students, temporary agricultural and non-agricultural workers, student exchange visitors, as well as athletes, artists, and entertainers. The authorization to waive the in-person interview for applicants renewing a visa in the same visa class within 48 months of the prior visa’s expiration has been extended indefinitely.

Please contact us directly if you have any questions relating to the Interview waiver process, Travel restrictions, NIE, or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

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Luke Bowman

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

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US withdraws H-1B Selection Final Rule

Dec 22, 2021

The Department of Homeland Security has published a final rule to withdraw Donald Trump's era proposal to change the process of granting H-1B visas from the current lottery system to a wage level ranking. This decision comes after the U.S. District Court for the Northern District of California granted summary judgment in favor of the plaintiffs and vacated the regulations.

The H-1B temporary foreign worker program is highly popular in IT companies and H-1B cap lottery is expected to remain in place for the foreseeable future.

Please contact us directly if you have any questions relating to the H1B Final Rule, travel restrictions, or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

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Luke Bowman

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

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Third lottery run by USCIS to select additional H1B cases from applications submitted for fiscal year 2022, including graduate degree waivers

Nov 19, 2021

On November 19, 2021, the United States Citizenship and Immigration Services (USCIS) conducted the third H1B lottery selection and selected an additional 16,753 entries. The additional screening occurred because USCIS did not receive enough H1B limit requests during the first two H1B limit filing periods to reach 85,000 grants for fiscal year 2022. Employers whose cases are selected in the third lottery must petition for newly-selected registrations between November 22, 2021 and February 23, 2022.

Please contact us directly if you have any questions relating to the third H-1B Lottery, Travel restrictions, NIE, or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

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Major changes to H-4 and L-2 EADs

Nov 12, 2021

U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance to address automatic extension of employment authorization for certain types of Visas. Please see the changes for H-4 and L-2 EADs below:

H-4 EADs
H-4 nonimmigrants who file their I-765 EAD renewal applications on a timely basis and continue to have H-4 status beyond the expiration date of their EAD will qualify for the automatic extension of their (c)(26)-based EADs.

Such auto-extensions terminate the earlier of:

a) The end date of the individual’s H-4 status as noted on Form I-94,

b) The approval or denial of the I-765 EAD renewal application, or

c) 180 days from the “Card Expires” date on the face of the EAD.

NOTE: As of now, automatic H-4 EAD extension will only apply to individuals who have valid H-4 status after their EADs expire. The automatic extension would not apply in situations in which an individual's H-4 and EAD applications expire at the same time and are renewed concurrently.

By March 10th, 2022, USCIS will amend the I-765 receipt notice to detail the EAD auto-extension eligibility based on the validity period provided on the I-94 in combination with the expired EAD, and the I-765 receipt notice (Form I-797C) for a timely-filed I-765 EAD renewal application.

L-2 EADs
By March 10th, 2022, USCIS will issue policy guidance that states that L-2 spouses are employment authorized incident to status and, in cooperation with U.S. Customs & Border Protection (CBP), will change the I-94 to indicate that the bearer is an L-2 spouse (as opposed to an L-2 child), so that the I-94 can be used as a List C document for I-9 purposes. The I-9 form will also be updated over the next few months to accommodate this change.

Until the Form I-94 is changed to identify that the bearer is an L-2 spouse for I-9 purposes, USCIS will consider that L-2 nonimmigrant spouses who file their I-765 (EAD) renewal applications on a timely basis and continue to have L-2 status beyond the expiration date of their EAD will qualify for the automatic extension of their (a)(18)- based EADs.

Such auto-extensions terminate the earlier of:

a) The end date of the individual’s L-2 status,

b) The approval or denial of the I-765 EAD renewal application, or

c) 180 days from the “Card Expires” date on the face of the EAD.

***

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Sincerely,

Luke Bowman

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

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Covid-19 Travel Restrictions on U.S Visas and Entry: The National Interest Exception (NIE)

Sep 29, 2021

The Biden administration announced that in November 2021, it will lift the COVID-19 travel restriction for specific countries and instead require all foreign travelers to provide proof of COVID-19 vaccination before boarding a flight to the United States.

Non-essential travel from certain countries to the U.S. is currently not permitted due to the global COVID-19 pandemic. Regional COVID-19 public health bans restrict travel for foreign nationals who have been physically present in a designated country within 14 days of seeking entry to the United States. Transit through an airport in a designated country counts as presence in that country.

Certain individuals are exempt from the bans, including:

a) U.S. citizens and lawful permanent residents (green card holders) and their immediate family members

b) An individual traveling at the invitation of the U.S. government or pursuant to a UN agreement

c) Individuals traveling on A, C, D, certain E-1, G, or NATO visas. A member of the U.S. Armed Forces and his or her spouse or child

Individuals may also be eligible for an exception to the travel ban if their travel is found to be in the national interest or would further U.S. law enforcement objectives.

To determine whether you may be exempt from the COVID-19 travel bans or are eligible to apply for an exception, please contact us.

National Interest Exceptions (NIEs) for Certain Travelers Travelers with immigrant, fiancé(e) and certain F and M student visas are eligible for a blanket NIE and do not need to apply for individual NIEs.

Other individuals who are eligible to apply for an NIE include:

a) Foreign nationals seeking to provide executive direction or vital support for “critical infrastructure sectors” or directly linked supply chains (as outlined at https://www.cisa.gov/critical-infrastructure-sectors), which could be travel pursuant to H, L, O, B, Visa Waiver Program (VWP)/Electronic System for Travel Authorization (ESTA), or other nonimmigrant business or work categories;

b) Journalists (I visas);

c) Certain exchange visitors, exchange students, and academics covered by exchange visitor programs (J-1).

For the complete list, please refer to the June 24, 2021, State Department policy statement.

Travelers can also apply for an NIE if they are seeking to enter the United States for purposes related to humanitarian travel, a public health response, or national security.

Travelers with valid visas or ESTA registrations from banned countries must also apply for an NIE from the U.S. government. Typically, you must first apply with a U.S. embassy/consulate and if their response is delayed or negative, then an application may be made with Customs and Border Protection (CBP).

Please contact us directly if you have any questions relating to NIE, Travel restrictions or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

What Countries Are Affected by the Travel Ban?

The regional COVID-19 travel ban countries include Ireland, the UK, the Schengen Area (the Schengen Area consists of 26 countries and covers nearly all of mainland Europe including Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland), Brazil, China, Iran, South Africa, and India.


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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

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USCIS Updates Policies to promote Immigration Services

Jun 09, 2021

The US Immigration and Citizenship Services (USCIS) has issued new policy updates to clarify the criteria and circumstances for issuance of requests for evidence (RFEs) and notices of intent to deny (NOIDs), employment authorization documents (EADs) for adjustment of status applicants, and expedite criteria for immigration benefit applications.

Under these policy changes, USCIS considers Expedited processing as a special situation service or benefit for requestors who urgently need their request for immigration benefits adjudicated. USCIS reinstates the 2013 policy and has rescinded the 2018 policy that allowed officers to deny benefit requests outright for lack of initial evidence. As per the 2013 policy, the officers are instructed to issue RFEs or NOIDs for cases filed with initially insufficient evidence, where additional evidence would establish eligibility for the immigration benefit. The updated policy also permits Employment Authorization Documents (EADs) for most adjustment of status applicants to be issued for a maximum of two years, an increase from the standard one year of validity.

Please contact us directly if you have any questions relating to Travel restrictions or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Contact

Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

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direct@lukebowmanlaw.com

USCIS announces Online filing of Form I-765 for F-1 Students Seeking Optional Practical Training

Apr 12, 2021

U.S. Citizenship and Immigration Services announced that F-1 students can now file Form I-765, Application for Employment Authorization, online if they are filing for pre-completion OPT, post-completion OPT, or 24-month OPT STEM extension. OPT is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). Eligible F-1 students who receive STEM degrees may apply for a 24-month extension of their post-completion OPT.

As per USCIS: The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If an applicant submits Form I-765 online to request employment authorization on or after April 15 but is eligible for a different employment authorization category, USCIS will deny the application and retain the fee.

The online filing allows applicants to submit forms electronically, check the status of their case anytime from anywhere, and receive notices from USCIS online instead of waiting for them in the mail.

Please contact us directly if you have any questions relating to F1 related employment authorization or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Contact

Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

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direct@lukebowmanlaw.com

USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021

May 05, 2021

On May 3, 2021, USCIS has announced that it will suspend the biometrics requirements for certain I-539 applicants for a two-year period beginning on May 17, 2021. The biometrics suspension will apply to the H-4, L-2, and E-1, E-2, and E-3 categories of Form I-539 applications if they are 1) pending on May 17, 2021, and have not yet received a biometric services appointment notice, and 2) are new applications received by USCIS from May 17, 2021, through May 23, 2022.

USCIS will issue guidance soon regarding the applicability of the biometrics suspension and biometrics fee. We also expect that USCIS will not require the biometrics fee for the applicable categories during the effective period, but that USCIS will not refund any payments already made. LBL will continue to monitor the situation and provide any updates necessary.

We welcome this news from USCIS. The biometric requirement for H4s was burdensome and invasive for young applicants. Practically speaking, it resulted in significant delays for H4 EAD holders and forced the separation of H4 EAD applications from H1b petitions. Prior to the biometric requirements, H4 EAD applications usually received the benefit of premium processing from the H1b. It is possible that this will resume now that the biometric requirement has been lifted.

Please contact LBL if you have any questions or need assistance with H-4, L-2 or H4 EAD applications.

***

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Sincerely,

Luke Bowman

The Law offices of Luke Bowman

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

Mon to Fri 9am to 5:30pm

direct@lukebowmanlaw.com

FY 2023 H-1B Cap Update

Feb 22, 2022

The USCIS online H1B Cap registration system opened at noon on February 21, 2022, to create new employer accounts. If your organization plans to sponsor foreigners for H1B Cap employment in FY 2023, you must have an active registered account with USCIS.

Please contact us directly if you need help registering accounts or sponsoring workers for H1B visas for the fiscal year 2023.

***

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Sincerely,

Luke Bowman

The Law offices of Luke Bowman

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

Mon to Fri 9am to 5:30pm

direct@lukebowmanlaw.com

USCIS will no longer accept a single combined payment on certain forms filed together with an H1-B or H-1B1 petition

Mar 01, 2022

For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or we will reject the entire package. Only the fee for Form I-907, Request for Premium Processing Service, may be combined with the fee for a concurrently filed Form I-129 requesting H-1B classification.

USCIS is transitioning to electronic processing of immigration benefit requests. As we complete this transition, USCIS will be using multiple systems to receipt and process various types of immigration benefit requests. Because H-1B and H-1B1 petitions and related applications are not all processed in the same system, USCIS requires a separate payment instrument for each of these forms. USCIS acknowledges that using multiple checks or payments for H-1B and H-1B1 petitions and related applications is more burdensome than using one payment. USCIS is always analyzing its forms, practices, and policies to streamline filing and reduce, minimize and control burdens to submit requests. However, USCIS believes that the advantages of electronic processing to both the agency and to the public outweigh the minor impacts of submitting individual fee payments.

Please contact us directly if you need help registering accounts or sponsoring workers for H1B visas for the fiscal year 2023.

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Oct 2022 EB2 India Visa Bulletin Update

Sep 09, 2022

Congress has set limits on the number of immigrant visas that can be issued each year. The law stipulates that no country should exceed a certain percentage of the total number of visas available per year. If these limits are exceeded in a particular category in a particular country, a waiting list will be created and the applicant will be placed on the list according to the date of case notification. This date is called the "priority date". To match status with legal permanent resident status, applicants must be able to obtain an immigrant visa, both at the time of application and at the time of determination. The Department of State publishes a monthly visa bulletin that sets out visa expiration dates. Therefore, monthly visa bulletins determine which applicants are eligible to apply for a status adjustment and which applicants are eligible to obtain permanent residency. An applicant whose priority date is before the deadline published in the latest Visa Bulletin is eligible to apply for permanent residency. If your category is employment-based and requires proof of employment, the priority date is set to the date the proof of employment was submitted to the Department of Labor. If your category is employment-based but does not require proof of employment, the priority date is set to the date USCIS receives your immigrant visa application I-140. However, a priority date will not be assigned to your case until the I-140 is approved.

As per the latest USCIS Oct 2022, Visa bulletin Visa Bulletin For October 2022 (state.gov) the cut-off date for EB2 India retrogresses in October. The cut-off date is now set at Apr 01, 2012. If you have all the necessary documents and the priority date is on or before Dec 01, 2014 (as per the Sep Visa Bulletin) you are still eligible to apply for AOS (Adjustment of Status) before Sep 30, 2022.

Feel free to reach us for any Immigration related queries. We are Luke Bowman Law and "Immigration is Our Business". We provide completed immigration solutions for individuals, families, and companies – including

  • Green cards (EB-1A-C, EB-2, EB-3, and EB-5);
  • Non-Immigrant Visas (H-1B, L-1, TN, O-1, etc.);
  • Non-Immigrant Dependents (H-4, L-2, TD, O-3, etc.);
  • Students, training, and exchange (J-1, F-1, H-3);
  • Complete Corporate Immigration Services (HR, direct employee interaction, and internal immigration management, act as corporate agent);
  • Family basis processes (I-130, K-1, K-2, and K-3);
  • Corporate compliance (simulated audits, public access file creation, and management, recruitment folders, etc.)

***

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H-1B Initial Electronic Registration Selection Process Completed

Mar 27, 2022

USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). We randomly selected from among the registrations properly submitted. We intend to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered) :

  • Submitted : A registration status may continue to show “Submitted” after the initial selection process has been completed. “Submitted” registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected, or Denied.
  • Selected : Selected to file an FY 2021 H-1B cap-subject petition.
  • Denied : A duplicate registration was submitted by the same registrant for the same beneficiary, or a payment method was declined and not reconciled. If denied as a duplicate registration, all registrations you submitted for this beneficiary for the fiscal year are invalid.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2021, and only for the beneficiary in the applicable selected registration notice

***

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Luke Bowman

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H-1B Initial Electronic Registration Selection Process Completed

Mar 28, 2023

U.S. Citizenship and Immigration Services (USCIS) has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). We have randomly selected from the registrations properly submitted to reach the cap, and 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.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.

Selected: Selected to file an H-1B cap petition.

Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.

Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, disputed, or otherwise invalid.

For more information, visit the H-1B Electronic Registration Process page.

FY 2024 H-1B Cap Petitions May Be Filed Starting April 1

H-1B cap-subject petitions for FY 2024, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2023, if based on a valid, selected registration.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2024, and only for the beneficiary named in the applicable selected registration notice.

An H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. Online filing is not available for H-1B petitions, so petitioners filing H-1B petitions must do so by paper. Petitioners must include a printed copy of the applicable registration selection notice with the FY 2024 H-1B cap-subject petition.

Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval based on existing statutory and regulatory requirements.

Selection in the registration process does not relieve the petitioner of submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

For more information, visit the H-1B Cap Season page.

Pre-paid Mailer Suspension

We will not use prepaid mailers to send out any communication or final notices for FY 2024 cap-subject H-1B petitions, including those requesting consideration under the advanced degree exemption.

The process of printing and mailing the cap-subject H-1B petition approval notices by first-class mail is fully automated. Using prepaid mailers requires a separate, more time-consuming manual process. The existing automated process is more efficient for both petitioners and USCIS. Because of this, we will use first-class mail as we work to process all cap-subject petitions in a timely manner.

Receipt Notice Delays

When we receive a timely and properly filed H-1B cap subject petition, the petitioner (and, if applicable, the petitioner’s legal representative) will be provided a Form I-797, Notice of Action, communicating receipt of the petition. Due to increased filing volumes typically seen during H-1B cap filing periods, there are instances where a petition is timely and properly filed, but issuance of the Form I-797 is delayed. If you are a petitioner and have confirmation from the delivery service that the petition was delivered, but you have not yet received a Form I-797 confirming receipt of the petition, you should not submit a second petition. If you have confirmation from the delivery service that the petition was delivered and you then submit a second petition, you will be considered to have submitted duplicate petitions. This will result in denial or revocation of both petitions.

If more than 30 days have passed since the confirmation of delivery and you have still not received a Form I-797, you may contact the USCIS Contact Center for assistance.

If you receive notification from the delivery service, or your tracking information suggests, that there may be a delay or damage to the package or that the package was misrouted, you should follow the Delivery Service Error Guidance on the H-1B Cap Season webpage.

Please contact LBL if you have completed H1B registration and need assistance with H1B cap filing.

***

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Luke Bowman

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Luke Bowman

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USCIS Urges Eligible Applicants to Switch Employment-Based Categories

Feb 22, 2022

U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).

The overall employment-based annual limit for fiscal year 2022 is approximately twice as high as usual, because that limit includes all unused family-sponsored visa numbers from fiscal year 2021, which was approximately 140,000.

In addition, under the relevant statute, any visas not required in the fifth employment-based preference category are made available in the first employment-based preference category, and any visas not required in the first employment-based preference category are made available in the second employment-based preference category.

These visas cannot be made available to applicants in the third employment-based preference category because, given the significant number of noncitizens awaiting visas in the second employment-based preference category, these visas are required by statute to be used for the second preference category.

Please contact us directly if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

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Sincerely,

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Luke Bowman

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The U.S. restricts travel from India starting May 04, 2021

May 03, 2021

U.S. President Joe Biden issued a proclamation imposing new travel restrictions on India barring most non-U.S. citizens from entering the United States.

The travel ban will be applicable for travelers on B visas, F, M, or J student/exchange visitor visas, H-1B specialty technical worker visas, L holders, and their dependents. U.S. citizens, Green card holders their non-citizen spouses, and children below 21 years of age, are among the various categories exempted from the restrictions.

The new travel restrictions have been imposed for an indefinite period and will require another presidential proclamation to end them. There is a long list of exemptions and the order will be reviewed every 30 days.

Please contact us directly if you have any questions relating to Travel restrictions or if you need help sponsoring workers for H1B visas for the fiscal year 2023.

***

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

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H-1B Initial Electronic Registration Selection Process Completed

Mar 30, 2021

USCIS has received enough electronic registrations for the fiscal year (FY) 2022 H-1B cap allocations including the advanced degree exemption (master’s cap). Random selection process is completed and all prospective petitioners with selected registrations have been notified that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.

Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):

Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.

Selected: Selected to file an H-1B cap petition.

Denied: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.

Invalidated-Failed Payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.

For more information, visit the H-1B Electronic Registration Process page.

H-1B cap-subject petitions for FY 2022, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2021, if based on a valid, selected registration.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2022, and only for the beneficiary named in the applicable selected registration notice.

Please contact LBL if you have completed H1B registration and need assistance with H1B cap filing.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

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FY 2022 H-1B cap Registration Period Closes; USCIS to Conduct Selection Lotteries and Notify Employers By March 31

Mar 25, 2021

The H-1B cap registration period has now closed. USCIS will accept no further cap registrations against the FY 2022 quota. USCIS will conduct two selection lotteries to choose the beneficiaries on whose behalf an H-1B cap petition can be filed. The first lottery will contain all registered H-1B beneficiaries to meet the regular H-1B cap of 65,000. The second lottery will contain all registered master’s-cap beneficiaries who were not selected in the first lottery. USCIS will use this second lottery to select enough registrations to meet the H-1B cap exemption of 20,000 for holders.

USCIS plans to notify employers and immigration counsel of the lottery results by March 31. To learn the lottery results, your attorney or your company’s authorized signatory will need to access their my.USCIS.gov account and review the status of each beneficiary. If a beneficiary has been selected, the USCIS system will provide a selection notice for the case. The selection notices this year will also identify whether the H-1B registration was selected under the regular or the advanced degree quota.

USCIS will accept H-1B cap petitions on behalf of lottery selectees from Thursday, April 1, 2021. The petition filing period will end no earlier than 90 days thereafter. All FY 2022 H-1B cap petitions must be submitted during this period. USCIS has not announced whether premium processing will be suspended for FY 2022 cap petitions yet.

To facilitate the submission of H-1B cap petitions, work closely with your LBL team so that essential supporting evidence, including company documentation, beneficiary educational documents etc. can be collected promptly if it has not yet been gathered.

Please contact LBL if you have completed H1B registration and need assistance with H1B cap filing.

***

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Luke Bowman

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Luke Bowman

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H1B Visa: Regulatory Freeze

Feb 01, 2021

The Biden administration has directed agencies to consider publishing a 60-day delay for any rules not in effect regarding the wage-based lottery system.

"This proposed delay of 60 days will allow agency officials the opportunity to review any questions of fact, law, or policy, the rule may raise,” says the US Department of Labour (DOL). Meanwhile, DOL will be seeking public comments on this extension.

The wage rule issued by the Trump administration on January 14, was supposed to take effect from March 15, but now will be delayed to May 14, in response to Joe Biden’s regulatory freeze. Meaning that the wage based selection process will not be effective upcoming registration – which is expected to open on March 1.

***

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

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USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT

Mar 03, 2021

United States Citizenship and Immigration Services (USCIS) has announced “flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization”. These flexibilities apply only to applications received on or after Oct 01, 2020, through May 1, 2021, inclusive.

USCIS has experienced delays at certain lockboxes in issuing receipt notices for Form I-765 for optional practical training (OPT) for F-1 students. The OPT allows foreign students to work in the country for 12 months after they graduate, which must be completed within 14 months of their program ending. Students studying science, technology, engineering, and maths get an additional 24 months. The 14 month period will now commence on the date of the approval of Form I- 765 which is the application for post-completion OPT for applications filed between October 01, 2020, and May 01, 2021.

Please contact us directly if you need help sponsoring workers for H-1B visas for the fiscal year 2022.

***

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Sincerely,

Luke Bowman

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

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The Biden Administration Revokes Presidential Proclamation 10014

Feb 26, 2021

Effective immediately, the Biden administration decided on Wednesday, February 24, 2021, to revoke Presidential Proclamation 10014, a controversial order passed under former President Donald Trump that halted the issuance of most U.S. visas at Consulates and Embassies worldwide.

President Biden's proclamation applies only to immigrant visa applicants. It does not rescind Proclamation 10052 that suspended the issuance of certain H-1B, L-1, J-1 visas, mainly for first-time applicants, and the respective visa categories for dependent family members (H-4, L-2, and J-2) continues in effect through 3/31/2021 or until further notice.

***

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Luke Bowman

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H-1B Electronic Registration for FY2022 to begin on March 9 to March 25, 2021

Feb 05, 2021

After the Biden administration announced that it will continue with the traditional lottery system, USCIS has confirmed that the FY 2022 H-1B cap initial registration period will be open from March 9, 2021, 12:00 p.m. EST to March 25, 2021, 12:00 p.m.

All H-1B cap cases must be entered into the electronic registration system during this time period to be counted and selected under this year’s process. USCIS also announced that there will be no changes to this year’s H-1B cap selection process as the implementation of the “H-1B Cap Selection Process Final Rule” has now been delayed until December 31, 2021.

Please contact us directly if you need help sponsoring workers for H-1B visas for the fiscal year 2022.

***

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Luke Bowman

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Luke Bowman

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USCIS delays Wage-Based Selection Process for H-1Bs, lottery system to apply for the upcoming season

Feb 05, 2021

United States Citizenship and Immigration Services (USCIS) announced that it is delaying the H-1B policy of the previous Trump Administration on the allocation of the popular foreign work visas by continuing with the lottery system until December 31, 2021, to give the immigration agency more time to develop, test and implement the modifications to the registration system.

The delay has been announced days after the Department of Labor (DOL) postponed the implementation of the final wages rule until May 14, 2021. The Department said that the proposed delay will “allow agency officials the opportunity to review any questions of fact, law, or policy, the rule may raise.”

Please contact us directly if you need help sponsoring workers for H-1B visas for the fiscal year 2022.

***

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Sincerely,

Luke Bowman

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Luke Bowman

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Court Order Regarding Presidential Proclamation 10052

Oct 10, 2020

On October 1, 2020, a federal district court in National Association of Manufacturers v. Department of Homeland Security (NAM) enjoined the government from enforcing section 2 of Presidential Proclamation (PP) 10052 against named plaintiffs and members of the plaintiff associations.

The named plaintiffs include: the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation, TechNet, and Intrax, Inc. Therefore, any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (as an exchange visitor) by, petitioned by, or whose petitioner is a member of, one of the above named organizations is no longer subject to PP 10052’s entry restrictions.

***

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Luke Bowman

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USCIS Modifies H-1B Selection Process to Prioritize Wages

Jan 07, 2021

U.S. Citizenship and Immigration Services has announced a final rule that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program.

Modifying the H-1B cap selection process will incentivize employers to offer higher salaries, and/or petition for higher-skilled positions, and establish a more certain path for businesses to achieve personnel needs and remain globally competitive.

It is important to note that this rule must first be published in the Federal Register and then it will take affect 60 days later.

This makes it possible that the rule may not take effect until after the 2021 H1b quota. Further, this rule is likely to be enjoined by litigation.

***

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Luke Bowman

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Presidential Proclamations (P.P.) 10014 and 10052 are extended until 31 March 2021

Dec 31, 2020

US President Donald Trump has extended the suspension on the entry of certain immigrants and nonimmigrants into the United States in light of the COVID-19 pandemic. The proclamations have been continued until March 31, 2021.

The limitations also stop many temporary visas used to work in the United States by individuals overseas, including the H-1B program. The proclamation suspends entry of nonimmigrants in the following categories: H-1B, H-2B, J (for aliens participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L, along with their spouses and children. No valid visas will be revoked under the proclamation.

The last proclamation was set to expire on December 31, Trump issued another proclamation on Thursday to extend it until March 31, 2021. The technology companies would now have to wait at least till the end of March before approaching the US diplomatic missions to get stamping.

***

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Luke Bowman

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Various claims documented against DOL for wage increments

Oct 20, 2020

In the course of recent days, multiple entities have filed suit against the Department of Work (DOL) for the sensational October 8, 2020 wage increments. The plaintiffs range from Universities, including the College of Universities, Cornell, Stanford, Purdue, and Arizona State University, to the National Association of Manufacturers, National Retail Federation, multiple Health Care players, and multiple Information technology and computer servicing companies, including ITServe, which was liable for effectively challenging the Neufeld memo that required staffing organizations to give pages of extra proof of their employer-employee relationship with their H-1B employees (contracts, statements of work, POs, and so forth).

Presently we wait with the expectation that courts charges the new common pay structure while the prosecution continues.

***

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Luke Bowman

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North and South borders shut until further notice

Oct 19, 2020

On 19/10/2020 it had been reported that the North and South land border closure would be extended until additional notification separated from essential travel.​ This is a similar border closure that has been broadened steadily since March 2020.​ This applies just to the land borders and ferry crossings. People entering the U.S. from Canada or Mexico via plane are not affected by this border closure and won't have to demonstrate that their travel is essential.

***

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

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I-129 & I-140 petitions premium processing fees increased

Oct 16, 2020

On 16/10/2020, the USCIS reported that the premium processing fee for I-129 and I-140 petitions will be incremented to $2500 (from $1440) for all petitions stamped on or after 19/10/2020.​

H-1B, L-1, O-1 and TN In-country petitions, among others Form I-129 is utilized.

Form I-140 is utilized for employment-based immigrant petitions (Stage 2 of the positive identification proof process).​

No news yet on the implementation of premium processing for other applications, similar to I-539 and I-765 applications.

***

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Luke Bowman

120 Flint Road, Brighton, Michigan 48116

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Proposed sweeping changes to H-1B programs

Oct 12, 2020

The Administration’s broadly broadcasted and long-anticipated regulatory changes to the H-1B nonimmigrant visa classification were published inside the Federal Register on October 8, 2020, and can get on December 7, 2020, except if enjoined. To submit a comment on the rule at the latest cutoff time of December 7, 2020, go to: http://www.regulations.gov and type in USCIS-2020-0018 in the search field.​

    Speciality
  • The rule amends the meaning of a "specialty occupation" to demonstrate that there must be a direct connection between the necessary degree field(s) and the obligations of the position.
  • General degrees in engineering, human sciences, business, and so on minus any additional specialization or clarification aren't adequate to fulfill claim to speciality occupation.
  • In situations where the petitioner lists degrees in different "disparate" fields of study as the base section entry for a position, the petitioner must build up how each field of study is during a particular speciality giving "a body of highly specialized knowledge" straightforwardly connected with the obligations and responsibilities of the actual position.​
  • Where a position may permit a scope of degrees, and apply numerous bodies of exceptionally specialized knowledge, every one of those passing degree fields must be straightforwardly identified with the proffered position.​
  • Rather than exhibiting that a bachelors’ degree is "regularly," "generally" or "typically" required; petitioners should set up that the bachelor’s degree in a specific speciality or its identical is the least necessity for entry into the occupation inside the us by demonstrating that the predetermined degree might be a lways.
  • The requirement for the occupation as a whole.
  • The occupational requirement within the relevant industry.
  • The petitioner’s particularized requirement or
  • Because the position is so specialized, complex, or unique that it is necessarily required to perform the duties of the specific position.
    Third-Party Worksites
  • The term "worksite" is revised (with the goal that it is similar to the DOL meaning of "place of employment" at 20 CFR 655.715) as "the actual area where the work is really performed by the H-1B nonimmigrant."​
  • The rule characterizes "third-party worksite" as "a worksite, other than the recipient's habitation in the US, that isn't possessed or rented, and not worked, by the petitioner."​
  • The standard sets a 1-year maximum legitimacy period for all H-1B petitions in which the recipient will be working at a third-party worksite. This applies to all H-1B petitions where any recognized worksite is a third-party, not simply the essential worksite​ Employer-Employee Relationship.
  • The definition of “United States Employer” is amended by : ​Striking the word “contractor” from the definition of “United States employer,” although DHS also explains at length that the deletion does not necessarily preclude a contractor from qualifying as a U.S. employer
  • Embeddings "company" in the overall definition; and​ Developing the current necessities by necessitating that a business must draw in the recipient to work inside the US and have a genuine, non-theoretical proposition for employment for the beneficiary.​
  • The solicitor must set up that a genuine proposition for employment exists, and that real work will be accessible as of the mentioned start date.​
  • The rule defines the expression "employer-employee relationship" to be the "conventional master-servant relationship as perceived by custom-based law organization principle." It includes a non-exhaustive list of factors to be considered in the totality of the circumstances, essentially restoring the January 2010 Neufeld Memo on the employer-employee relationship that was recently invalidated. In any case, moreover to taking viable whether a business has "the option to control" the worker's work together of the listed variables, USCIS likewise will look at whether the business really practices that privilege to control. This may require staffing organizations to put a chief at every customer site where they have workers.
  • The rule requires that petitioners filing third-party worksite petitions must submit evidence such as contracts, work orders, or other similar evidence (such as a detailed letter from an authorized official at the third-party worksite) to determine that the beneficiary will perform services during a specialty occupation which the petitioner will have an employer-employee relationship with the beneficiary. Such documentation can also be requested by USCIS for any and every one H-1B petitions during a case-by-case basis.
    Other Provisions
  • The rule requires USCIS to issue a quick explanation when an H-1B nonimmigrant petition is approved but USCIS grants an earlier end validity date than requested by the petitioner.​
  • The rule revises the itinerary requirement at 8 CFR 214.2(h)(2)(i)(B) to specify that this provision will not apply to H-1B petitions.​
  • The rule adds provisions regarding H-1B site visits to codify its authority to conduct site visits and describe the scope of inspections.
  • The regulation indicates that the possible scope of an inspection may include the petitioning organization’s headquarters, satellite locations, or the location where the beneficiary works or will work, including third-party worksites, as applicable.​
  • The rule also specifies that failure or refusal of the petitioner or a third-party to cooperate with a site visit may be grounds for denial or revocation of any H-1B petition for H-1B workers performing services at the situation or locations which are a topic of inspection, including any third-party worksites.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Contact

Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

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Dramatically increase of prevailing wages

Oct 12, 2020

On October 6, 2020, the U.S. Department of Labor (DOL) updated its regulations for wages paid to certain foreign workers with the named purpose of higher protecting the roles and wages of U.S. workers. The new wages were applicable as of October 7, 2020 at 7:00 pm.​

AILA (American Immigration Lawyers Association) is preparing litigation against the DOL regarding this alteration . If you'd wish to be a named plaintiff during this matter, please read through to the top of this alert for information on the way to join as a plaintiff. Both organizations and individuals could also be included as named plaintiffs.

    Prevailing wages established by the DOL impact the subsequent nonimmigrant and immigrant categories:
  • H-1B
  • H-1B1 (Singapore/Chile trade Agreement)
  • E-3 (Australia trade Agreement)​
  • Employment-based positive identification sponsorships supported a PERM application.

The Department believes these changes to the wage structure supported the Occupational Employment Statistics (OES) wage survey better reflect the particular wages earned by U.S. workers similarly employed to foreign workers. The OES is that the online wage survey administered by the Bureau of Labor Statistics and typically utilized in reference to H-1B petitions. during this regard, please note that the prevailing wage levels appear to possess been increased by about 50% in many cases. Under the new wage structure, A level 1 (entry level) engineer in Wayne/Oakland/Macomb county must be paid $92,830/year ($44.63/hour). this is often up from $67,850/year ($32.62/hour). A level 2 engineer working within the same geographic location must now be paid $114,421/year ($55.01/hour), up from $82,555/year ($39.69/hour).

    The Interim Final Rule will only apply to the following
  • An Application for Prevailing Wage Determination, Form ETA-9141 (typically filed in reference to PERM sponsorship), pending with the National Prevailing Wage Center (NPWC) as of 08/10/2020.
  • An Application for Prevailing Wage Determination, Form ETA-9141, filed with the NPWC on or after 08/10/2020.
  • A Labor Condition Application for Nonimmigrant Workers (LCA), Form ETA-9035/9035E, (filed in reference to H-1B, H-1B1 and E-3 petitions) filed on or after 10/8/2020 where the OES survey data is that the prevailing wage source, and where the employer didn't obtain the prevailing wage determination from the NPWC before the effective date of the regulation.
  • Note: If the legal challenge to the present rule isn't successful, it's going to be worth investing in an independent wage survey that might be acceptable to the DOL. For now, i like to recommend taking a wait and see approach because the new rule might be blocked by the courts.

    The Interim Final Rule won't impact the following
  • Prevailing Wage Determinations (ETA-9141) issued any time before 10/08/2020. Including those issued years ago in reference to a PERM and/or I-140 that has already been approved. This includes EB3 downgrades that are being prepared.
  • Existing H-1B, H-1B1 or E-3 wages. So, there's no impact to the wage levels for workers who have a pending or approved H-1B, H-1B1 or E-3. However, the new wage structure will apply subsequent time the employer files an extension or amendment for the worker.

On October 13, 2020, the NPWC will begin issuing prevailing wage determinations (ETA-9141) using the new OES prevailing wage data. This brief delay in issuing wage determinations is important to finish the specified technical changes to the FLAG system's internal prevailing wage determination module.

The DOL are going to be accepting public comments on the new rule through 11/9/2020. To submit a comment, attend https://beta.regulations.gov, click on the box for “Strengthening wage protections for the temporary and permanent employment of certain aliens,” then click on the “Comment” button within the upper left.

Join the litigation​
AILA is seeking plaintiffs in an action challenging the new interim final rule on prevailing wage levels for H-1B, H-1B1, E-3 and PERM filings. Individuals and organizations curious about potentially joining the litigation as named plaintiffs should complete the shape at this link as soon as possible because the litigation are going to be filed on a really expedited basis.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Contact

Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

Mon to Fri 9am to 5:30pm

direct@lukebowmanlaw.com

Expansion through premium processing

Oct 01, 2020

On October 6, 2020, the U.S. Department of Labor (DOL) updated its regulations for wages paid to certain foreign workers with the named purpose of higher protecting the roles and wages of U.S. workers. The new wages were applicable as of October 7, 2020 at 7:00 pm.​

On 30/09/2020, the Continuing Appropriations Act 2021 (HR 8337) was signed into law to continue to fund the Government through 11/12/2020. The Act included language permitting the USCIS to expand premium processing services to other application types. To date, premium processing has only been available for some I-140 petitions and nonimmigrant petitions filed using Form I-129 (H-1B, L-1, O-1, TN, etc.)

The increased fees and expanded availability of premium processing will not take effect until USCIS is able to implement. Timing of implementation is unknown at this time. A public announcement is expected that would provide more details and a timeline for implementation.

    The bill would:
  • Immediately give USCIS access to premium processing funds to pay for operational expenses, which are otherwise reserved for infrastructure improvements.
  • Authorize premium processing services to be available for:
    • Employment-based nonimmigrant petitions and associated applications for dependents
    • Form I-140 petitions (EB1, EB2 & EB3)
    • Form I-539
    • Form I-765 and
    • Any other immigration benefit type deemed appropriate by the USCIS. [We will need to wait for more clarification on what this will include.
  • Increase the premium processing fee for benefit requests that are already eligible for premium processing services from $1,440 to $2,500. ​
  • Require rulemaking to set fees for expanded premium processing services, but it must be consistent with the following:
    • EB-1 petitions for Multinational Managers and Executives or EB-2 NIW petitions - fee is no greater than $2,500 and processing time is no greater than 45 days.
    • Change of status requests for F, J and M - fee is no greater than $1,750 and processing time is no greater than 30 days.
    • Change of status requests for dependents seeking E, H, L, O - fee is no greater than $1,750 and processing time is no greater than 30 days.
    • Form I-765 - fee is no greater than $1,750 and processing time is no greater than 30 days.
  • Allow for a biennial adjustment of premium processing fees based on the Consumer Price Index without rulemaking.
  • Clarify that the processing time clock does not begin until "all prerequisites for adjudication are received" by USCIS.
  • Ensure that providing expanded premium processing services does not result in an increase in processing times for other benefit applications.
  • Require a semi-annual congressional briefing and that within 180 days, USCIS will provide a 5- plan on establishing:
    • Electronic filing procedures for all applications and petitions
    • Acceptance of electronic filing at all locations and
    • Issuance of all correspondence and notices electronically.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Contact

Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

Mon to Fri 9am to 5:30pm

direct@lukebowmanlaw.com

Increase of USCIS fee halted

Sep 30, 2020

We previously reported that on August 3, 2020, that USCIS had published a final rule that was to increase certain immigration and naturalization filing fees beginning October 2, 2020.

The Immigrant Legal Resource Center had filed suit against USCIS regarding the fee increases and on 29/09/2020, the U.S. District Court for the Northern District of California ordered that the USCIS filing fee increases be stayed pending final adjudication of the matter. This also means that premium processing time limit will remain 15 calendar days for now, rather than 15 business days as had been proposed in the final rule.

This is particularly important now as the USCIS filing fees for I-485 and associated applications (EADs and Advance Parole application) were set to substantially increase on October 2, just as thousands of people will be filing their I-485 applications due to rapid forward movement in priority dates.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Contact

Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

Mon to Fri 9am to 5:30pm

direct@lukebowmanlaw.com

Regulations for forthcoming H-1B & prevailing wages

Sep 30, 2020

On September 3, 2020, U.S. Citizenship and Immigration Services (USCIS) submitted an Interim Final Rule to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) entitled, "Strengthening the H-1B Nonimmigrant Visa Classification Program." It is anticipated that the administration will publish the regulation as an Interim Final Rule (IFR), rather than as a Notice of Proposed Rulemaking (NPRM), which would normally first require a 60-day comment period. An IFR means that the regulation would take effect possibly upon publication - without the agency first evaluating and responding to public comments.

On September 16, 2020, the U.S. Department of Labor (DOL) submitted an Interim Final Rule to OIRA entitled, "Restructuring of H-1B/H-1B1/E-3 and PERM Wage Levels." It is anticipated that the administration also plans to publish this regulation as an Interim Final Rule and that it could become effective immediately upon publication.

The timing of these regulations is crucial as, with the election coming in November and the possibility of a change of administration coming in January, the clock is ticking on this administration's ability to promulgate new regulations to implement its restrictionist agenda.

The USCIS and DOL Interim Final Rules are expected to combine to substantially modify prevailing wage requirements so as to limit the availability of the H-1B visa program to the most highly paid professionals, regardless of actual wage data for the labor market. These are some highlights of several expected provisions of these regulations, and a preview of potential legal challenges these regulations may face.

    Expected Provisions

    While the specific language of the forthcoming regulations will not be available until they are published in the Federal Register, based on the regulatory agenda and other clues, they are expected to include the following:

  • Revision of the definition of an H-1B specialty occupation to "increase focus on obtaining the best and brightest foreign nationals."
  • Changes to the definitions of H-1B employment and the employer-employee relationship, with a focus on restricting offsite placement of H-1B workers. It is expected that the Interim Final Rule will revise the regulatory definition of "United States Employer" and the interpretation of "employer-employee relationship" so as to exclude or limit the availability of the H-1B visa program where there is third-party placement of H-1B workers.
  • Possible requirement that H-1B employers and their end clients jointly obtain LCAs where H-1B workers will work at client sites. The regulation may include a revision to the Labor Condition Application (LCA) requirement so that when the H-1B worker is assigned to a third-party work site, the end-client would need to join in or be a signatory to the LCA. A joint LCA requirement may create de facto joint employer liability for LCA obligations on wages and working conditions.
  • Additional H-1B wage requirements "to ensure employers pay appropriate wages to H-1B visa holders" as well as a restructuring of the H-1B, H-1B1, E-3 and PERM prevailing wage levels.
    Litigation Challenging the Regulations

    A few grounds for a legal challenge could include:

  • Several of the expected changes appear to be inconsistent with existing statutes on specialty occupation.
  • If issued as an Interim Final Rule, the agency will also need to show the basis for its determination that there exists "good cause" to skip the normal notice and comment process.

Reforming (read: restricting) the H-1B visa program is a priority for Senior Policy Advisory Stephen Miller. However, issuing these regulations as Interim Final Rules presents many risks and makes a successful legal challenge more likely. If a federal court issues an injunction following a legal challenge, it is unlikely that there would be enough time to republish a regulation and consider public comments - unless there is a second term of the Trump Presidency.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Contact

Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

Mon to Fri 9am to 5:30pm

direct@lukebowmanlaw.com

EB priority dates for October 2020 changed Significantly

Sep 25, 2020

October 1, 2020 marks the beginning of the federal fiscal year (FY21), and with it, the infusion of a new allocation of immigrant visa numbers. This infusion typically results in some forward movement in Final Action Dates in the month of October. The October Visa Bulletin was published on 24/09/2020 and later in the day the USCIS indicated that EB I-485 applications would be accepted based on Filing Date.

Unique forward movement This October's Visa Bulletin is unique; however, given competing tensions caused by the COVID-19 global pandemic. On the one hand, diminished agency processing capacity is likely to limit advancement in certain preference categories and across the family-based (FB) preference categories. On the other hand, most employment-based (EB) categories have the potential to experience significant forward movement, as explained further below. What remains uncertain is to what extent, if any, diminished agency capacity might curb advancement in the employment-based preference categories.

Infusion of unused Family-Based Numbers from FY20 For FY21, the assignment of employment-based visa numbers is required to be phenomenally high. This is on the grounds that the INA requires unused family-based visa numbers from the prompt earlier monetary year to be added to the business based assignment (and the other way around). There were critical business based numbers utilized in FY20 before the Coronavirus pandemic started, while interestingly there has been negligible FB number utilization due to amazingly restricted consular preparing because of the pandemic and the foreigner visa limitations of PP 10014 that suspended settler visa preparing at U.S. Departments.

It is possible that 250,000 or more unused FB immigrant visa numbers will be added to the EB immigrant visa pool for FY21. This would represent a 63% increase over the highest allocation in recent memory. While this is great news for individuals who have been waiting many years for their priority dates to become current, it will likely also result in a slowdown in processing​ I-485 and related applications.

On the other hand, for FY21, it is expected that the usage of family-based immigrant visas will continue to be significantly low in comparison to prior fiscal years due to the continuing global pandemic and the various travel bans that remain in effect. So, it's possible that EB visa numbers will continue to exhibit substantial forward movement in FY22.

Downsizing to EB3 For certain classes, particularly those brought into the world in India and China, EB3has really pushed forward of EB2 for October 2020. For cases in which a representative has an endorsed I-140 in the EB2 classification, we can simultaneously document another I-140 request with the I-485 recording to downsize the appeal to EB3 and exploit the current EB3 need date.

Our arrangement and your things to do We are currently producing reports to see which people have current need dates dependent on their current arrangement (for example EB2) and which people wouldshould be downsized to EB3 to be current in October. On the off chance that your need date is current dependent on your current classification (for example EB2 India), there is no compelling reason to contact our office. We will start your I-485 as quickly as time permits. On the off chance that you should be minimized to EB3 or if our office didn't set up your I-140 however is as of now speaking to your boss, if you don't mind contact ouroffice to ensure we have you on our rundown in the event that you have not effectively done as such. At that point, we will start starting these I-485 cases and messaging the surveys that should be finished and the rundown of archives we will require. If it's not too much trouble check your garbage/spam envelopes every day to ensure that our introduction messages don't wind up there.

Employment and Travel Authorization documents Starting in October 2020, the USCIS has forced separate documenting charges for work (EAD $550) and travel (advance parole or AP $590) applications. Beforehand, there were no extra USCIS documenting expenses related with these applications on the off chance that they were recorded along with the I-485 (green card) application. Because of this change, we might be getting ready EAD/AP applications on the off chance that you explicitly request that we, besides in some uncommon conditions where the EAD/AP applications will be needed; for instance, in the event that you are in a nonimmigrant status that doesn't allow settler purpose like F-1 or TN. Should you decide to have us get ready EAD/AP applications, there are no extra lawful charges for the underlying applications whenever arranged simultaneously asthe I-485 application. Be that as it may, if the EAD/AP reports should be restored later on, which is likely, you will bring about extra lawful charges and USCIS recording expenses for the restoration applications. In the event that you decide not to apply for EAD/AP records you should keep up your nonimmigrant status and should have a legitimate H or L visa stamp in your identification to go universally and re-visitation of the U.S. while the I-485 is forthcoming.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Contact

Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

Mon to Fri 9am to 5:30pm

direct@lukebowmanlaw.com

Remote extended of I-9 & E-Verify procedures through 19/11/2020

Sep 23, 2020

The Department of Homeland Security (DHS) and U.S. Migration and Customs Enforcement (ICE) reported an augmentation of the adaptability in consenting to necessities identified with Form I-9 because of COVID-19 through 19/11/2020.

This arrangement just applies to bosses and working environments that are workingdistantly and licenses them to distantly review and hold duplicates of the character and business qualification reports to finish Section 2 of Form I-9."

This brief direction was set to lapse August 18. Due to progressing precautionary measures identified with COVID-19, DHS has expanded this approach for an extra 30 days.

If you don't mind allude to the movement cautions from 17/06/2020 and 5/4/2020 on our site (www.freijylaw.com/migration alarms/) for more data on brief I-9 and E-Verify methods that have been set up.

E-Verify members who meet the models and pick the distant review choice should keep on after current direction and make cases for their recently recruited employees inside three business days from the date of recruit.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Contact

Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

Mon to Fri 9am to 5:30pm

direct@lukebowmanlaw.com

North & South borders to remain shut through 21/10/2020

Sep 23, 2020

The North and South border closure has now been stretched out through 21/10/2020 aside from fundamental travel.

DHS Acting Secretary Chad Wolf prior declared that "Trivial travel won't be allowed until this organization is persuaded that doing so is free from any danger."

This applies just to the border closure and ship intersections. People entering the U.S. from Canada or Mexico via plane are not affected by this outskirt conclusion and won't have to demonstrate that their movement is basic.

***

If you have any questions or concerns about the information provided above, please don't hesitate to contact me.

Sincerely,

Luke Bowman

The Law offices of Luke Bowman

Contact

Luke Bowman

120 Flint Road, Brighton, Michigan 48116

+1(810)522-5405

Mon to Fri 9am to 5:30pm

direct@lukebowmanlaw.com

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