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2021

Blog Posts in 2021

  • USCIS Updates Guidance for Applicants for Change of Status to F-1 Student

    The Immigration and Nationality Act (INA) provides certain nonimmigrants the opportunity to request a change to a different nonimmigrant classification for which they qualify. USCIS has historically only granted applications to change to F-1 status that fall within 30 days of the program start date listed on the applicant’s Certificate of Eligibility for Nonimmigrant Student Status (Form I20). ...
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  • Department of State Posts August 2021 Visa Bulletin

    The Department of State posted the August 2021 Visa Bulletin. All family-based categories must use the Dates of Filing chart, except for the F2A category, spouses and children of permanent residents, who must use the Final Action chart which is showing current; meaning visas are readily available for this category. Applicants in all employment-based preference categories must use the Final Action ...
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  • Biden Administration Lifts Rule to Narrow H-1B Definition of “Specialty Occupation”

    Every fiscal year, the U.S. grants 85,000 H-1B visas for nonimmigrant workers. U.S. employers hire qualified foreign workers after exhausting their recruitment efforts to find someone within the U.S. Last month, the U.S. Department of Homeland Security (DHS) officially removed the rule that would have redefined the H-1B specialty occupations. The specialty occupations rule was going to set new ...
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  • H-1B Cap Reached: H-1B Alternatives & Options for Sponsorship

    The H-1B visa lottery winners for FY 2022 cap have already been selected. The U.S. Citizenship Immigration Services (USCIS) already notified applicants who will be receiving an H-1B visa in 2022. If you were not one of the applicants selected, many H-1B visa alternatives can help you become a legal worker in the United States. Learn more about the different employment visa options available for ...
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  • USCIS Extends Flexibility for Responding to Agency Requests Release

    In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services 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 ...
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  • USCIS Announces It Will Allow Resubmission of Certain FY2021 H-1Bs Rejected or Closed Due to Start Date

    In August 2020,USCIS selected additional registrations that were held in reserve. The filing period for registrations selected in August ended on Nov. 16, 2020. Some petitioners indicated a start date after Oct. 1, 2020. USCIS rejected or administratively closed those petitions because they were based on registrations submitted during the initial registration period but indicated a start date ...
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  • District Court Vacates July 2019 USCIS Final Rule Revising EB-5 Regulations

    The U.S. District Court for the Northern District of California granted summary judgment in favor of the plaintiff, holding that DHS violated the Administrative Procedure Act (APA) when it promulgated the July 24, 2019, final rule amending its regulations for the EB-5 program, including providing priority date retention to certain EB-5 investors and increasing the required minimum investment ...
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  • Can I Petition More Than One Relative for a U.S. Visa?

    Family-based petitions allow individuals in the United States to sponsor their closest relatives to help them obtain an immigration visa. Both U.S. citizens and legal permanent residents (LPR) can sponsor their family members to move to the United States; however, U.S. citizens can sponsor a broader range of family members. Since families want to remain together, sponsors always ask how many ...
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  • Biometric Appointments Can now be Rescheduled by Calling USCIS

    USCIS announced that applicants, petitioners, requestors and beneficiaries may now call the USCIS Contact Center (800-375-5283) to reschedule their biometric services appointments scheduled at a USCIS Application Support Center. Previously, applicants had to submit requests in writing to reschedule their biometrics appointments. This change helps eliminate undue paperwork and allows USCIS to track ...
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  • DHS Announces Continuation of International Entrepreneur Parole Program

    The International Entrepreneur (“IE”) parole program provides an opportunity for international entrepreneurs to establish start-up companies with a high growth potential in the United States. The IE program seeks to strengthen, grow, and create employment opportunities in the United States. The IE program has been in existence since 2017. However, there was a proposal to withdraw this program from ...
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  • Can I Work in the U.S. as an International Student?

    Studying in the United States can be expensive for American and international students alike. Therefore, obtaining employment opportunities can be extremely beneficial to help reduce college-related expenses. Our Dallas immigration attorneys explain whether foreign nationals can legally work while studying in the United States. If you need legal assistance getting your student visa, contact our ...
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  • How Employment & Family-Based Immigration Will Change in 2021

    This year’s change in administration will bring adjustments to the entire immigration system. President Biden has expressed his intention to pursue immigration policy and regulatory changes over the first 100 days of the administration. President Biden claimed that he wants to “modernize the immigration system” and focus on implementing changes to employment and family-based immigration policies. ...
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  • Can I Work in the U.S. Without a Social Security Number?

    Is a Social Security Number Required to Work in the US? One of the most common questions that U.S. immigrants ask is if they need a Social Security number to work. Social Security numbers are used to report a person’s wages to the government and to determine their eligibility for Social Security benefits. Our Dallas immigration attorneys explain if temporary workers need to obtain a Social ...
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  • Presidential Proclamation Ban on Non-Immigrant Visas Has Expired

    Presidential Proclamation 10052, which suspended entry of certain non-immigrants expired March 31, 2021. Now, many non-immigrants will be able to seek entry to the United States. The non-immigrant and previously revoked immigrant entry bans separated thousands of families, impeded the ability for businesses to hire and retain employees, and disrupted the U.S. economy. The COVID-19 global pandemic ...
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  • H-1B Initial Electronic Registration Selection Process Completed

    USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap). USCIS randomly selected from among the registrations properly submitted to reach the cap. The agency has notified all prospective petitioners with selected registrations that they ...
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