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Corey Lee Law - NYC Immigration Attorney > Blog List with Right Sidebar (Page 5)

USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap Subject Petitions

May 23, 2019_________________________________________________________________________ USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous years, USCIS will now begin returning all H-1B cap-subject petitions that are not selected and will issue an announcement once USCIS are done notifying petitioners. Due to the volume of filings, a definite time frame for returning unselected petitions cannot be provided. Petitioners should wait to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition...

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USCIS: Marijuana-Related Activities May Affect Your Naturalization Application Result

May 16, 2019_________________________________________________________________________USCIS recently released a policy guidance to explain that certain marijuana-related activities will have a negative impact on the result of naturalization applications, regardless of the fact that they are legal under applicable state laws. If the applicants violate the federal laws, they will be deemed to lack good moral character. Under federal law, marijuana is classified as a “Schedule I” controlled substance, its manufacture (including planting, cultivating, harvesting, etc), distribution, dispensation and possession may eventually lead to denial in naturalization application. Immigration lawyers suggest that if you are interested in applying for citizenship now...

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Princeton President Eisgruber, leaders of New Jersey universities express concern to Congress about

May 9, 2019_________________________________________________________________________Princeton President Eisgruber, along with other leaders of New Jersey universities, sent a letter to the state’s Congressional delegation, showing their concern that the universities are facing an obstacle in attracting and retaining foreign students and faculties. Eisgruber initiated this action. And in recent years, he has been trying to convey an idea that international students and faculties are crucial to the development of college campus. Eisgruber also doubted the current immigration policies, and advocated for the DACA program. For the past few years, New Jersey universities found that the difficulty for international students and faculties to get...

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USCIS acknowledges that its own policies cause case processing delays

May 1, 2019Last month, USCIS responded to a letter sent by 86 Members of the House of Representatives on February 2019, who demanded explanations for its unreasonable delays in case processing. The response showed some evidence that USCIS’s own misguided policies are the reasons of causing the delays, which is harming millions of individuals, families, and U.S. businesses throughout the country.In fiscal year 2018, USCIS’s backlog has caused processing delays of over 5 million cases. It marks a 29 percent increase since fiscal year 2016 and a 69 percent increase since fiscal year 2014. Yet, this USCIS response failed to...

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April 29, 2019 The US Attorney’s office has announced that a woman has been sentenced in a case involving marriage and visa fraud. Marena Mushero, of Maine, allegedly offered to marry a foreign national in need of a visa in exchange for money. Prosecutors claimed that Mushero accepted cash and wire transfers from a foreign resident living and working in the US prior to their wedding, so that the foreign national could obtain a “green card”. This attempt to circumvent the US’s immigration policies was eventually discovered, and Mushero has been convicted and sentenced to 5 years of probation as a result. Schemes...

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April 22, 2019The USCIS recently announced that Israeli nationals will now be eligible for the coveted E-2 visa. The E-2 visas allow nationals from certain treaty countries to be eligible to remain in the United States if they are investing significant capital into US businesses. The visa can also potentially apply to certain employees of such investors, as well as extend to the spouses and children of E-2 visa holders. Israeli nationals already legally in the United States can petition to change to an E-2 visa starting on May 1st.These changes will hopefully lead to increased economic cooperation between the...

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April 19, 2019The first quarter of 2019 has continued an alarming trend: H-1B visa being denied at a record rate. Compared to a denial rate of 6% in 2015, the first quarter of 2019 currently has an incredible 32% of petitions being denied. This has been paired with an increase in denials for continuing employment petitions, which has risen to 18%.Many outsiders are particularly worried because the denials do not appear to be tied to any formal policy changes or legal changes. These denials are further evidence of an administration that is averse to allowing foreign workers into the United...

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April 15, 2019The demand for H-1B visas is still high despite an alarming number of denials last cycle. The number of requested visas rose from 190k to 201k, an increase of roughly 6 percent. Many of the nation’s largest technology companies, such as Amazon and Google continue to rely heavily on skilled foreign workers to fill their ranks in the US.The number of highly educated visa holders also continues to rise, with holders of advanced degrees making up a larger percentage of H-1B visas than in previous years. Some of that might be because advanced degree holders are eligible for...

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April 8, 2019The USCIS announced new regulations on Friday regarding the review process for spouses of H-1B holders. In particular, the new regulations are focused on spouses who are legal minors. The administration said the new regulations are meant to ensure that the visa process is protecting vulnerable populations and not being abused as a human trafficking tactic.The changes mainly add new review procedures to the spouse of an H-1B holder attempting to immigrate to the US with them using an I-130 petition. It only applies when the spouse is under 16 years of age, OR if they are 16...

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April 5, 2019The USCIS has announced that the mandated regular cap on H-1B applications for 2020 has been reached. The H-1B visa is only approved for 65,000 people for the fiscal year, with an additional 20,000 given for an “advanced degree” exemption.The USCIS will continue to process petitions if they are exempt from the regular cap, as well as those petitions that apply to visa holders asking for extensions, changing their H-1B terms, changing employers, or attempting to gain a second H-1B position in addition to the one they hold already.For those wondering about their H-1B status or qualifications, it...

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