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Clarification on H-1B Layoffs
The USCIS has finally provided some clarification about its policy on maintaining H-1B status for those who are laid-off/terminated. The rules provide that one has a grace period of up to 60 days in H-1B status after a layoff or other “cessation of employment.” While one is in the grace...
Thoughts on Extraordinary Ability and National Interest Waivers
For employment-based immigrations, usually, one must have an employer who files aLabor Certification with the Department of Labor (DOL) for the employer to prove workershortage. The EB-1 extraordinary ability and outstanding researcher as well as the EB-2National Interest Waiver (NIW) classifications exempts the immigrant from the slow DOLprocess, and EB-1s...
New Programs Available for H-1B, L1, ADIT Stamps
New Department of State Visa Extension ProgramThe Department of State will soon allow H-1B and L-1 visas to be renewed by mail(rather than the applicant having to go to an American consulate abroad to seek a newvisa stamp). (A similar program existed many years ago,). H-1B and L-1 applicants willstill...
New I-829 Receipts
The USCIS has issued new I-829 receipts extending conditional permanent residentgreen cards for 48 months beyond the expiration date of the card. The new receiptsextend the card for employment authorization and international travel. At this time, I-829s for EB-5 conditional resident immigrants are being processed by theUSCIS extremely slowly. There...
New Way to Expedite Some Cases
The USCIS will soon expand its criteria allowing some applications to be expedited,called “premium processing,” with a fee of $2,500. These new categories include:EB-1 multinational organization executives and managers (“EB-1C”).EB-2 National Interest Waivers (“NIW”)The processing time will be 45 days (not 15 as with a nonimmigrant visa such as H-1B,L-1...