Articles Posted in Immigration Law

H-1B visas are dual intent visas, meaning an H-1B holder, who entered as a nonimmigrant, can have legal immigration intent to permanently reside in the U.S. The H-1B visa category is for highly educated foreign professionals to work in “specialty occupations” that require a minimum of a bachelor’s degree or its equivalent. Due to the…

On October 19, 2021, the U.S. District Court, Northern District of California, San Jose Division, granted final approval of the settlement agreement in the case MadKudu Inc., et al v. U.S. Citizenship and Immigration Services, et al., No. 20-CV-2653 (N.D. Cal.). This agreement introduces new guidance for adjudicating pending or future H-1b petitions for market…

In June, the State Department announced they would update its procedures to allow applicants to self-select their sex marker for passports and medical certification is no longer required if it doesn’t match the sex listed on other official identity documents. State spokesperson, Ned Price, stated “…the Department is moving towards adding an X gender marker…

According to The National Foundation for American Policy, the denial rates for new H-1B petitions for the first two quarters of 2021 is 7.1% whereas the first two quarters of 2020 was 28.6%. This is a total of 21.5% increase in acceptance rates. However, this does not mean getting visa approval is any easier because…

Falsely and willfully claiming to be a U.S. citizen is a serious felony and may result in permanent and serious immigration consequences in addition to imprisonment and fines. Violators are subject to be placed in removal proceedings to be deported or be allowed to withdraw their application for admission under certain circumstances. Inadmissibility due to…

In response to the coronavirus pandemic, USCIS is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain: Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind; Notices of Intent to…

Effective Oct. 1, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. USCIS is updating their policy guidance in accordance with…

Starting September 4, 2021, USCIS is extending the time that receipt notices can be used to show evidence of status from 18 months to 24 months for petitioners who properly file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. USCIS is making…

Beginning on August 12, 2021, U.S. Citizenship and Immigration Services is temporarily extending the validity period for Form I-693, Report of Medical Examination and Vaccination Record, from two years to now four years due to COVID-19-related delays in processing. USCIS may consider a completed Form I-693 as valid if: The civil surgeon’s signature is dated…

On August 9, 2021, USCIS announced that applicants filing for lawful permanent resident status are now able to apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process. Previously, these individuals had to apply for a Social Security number at a Social Security office. USCIS is…