Often foreign nationals are admitted in one category and apply for a change of status (COS) to another category while in the U.S. Recently, USCIS issued a memorandum reminding applicants applying for COS that if they traveled abroad while the application was pending, their application would be considered abandoned and USCIS would issue a denial. Traveling abroad will also result in a denial of any Form I-765, Application for Employment Authorization, filed before the COS is approved. Therefore, if […]Continue Reading
How Can a Visa Applicant Prove Ties to Home Country?
One of the requirements of many nonimmigrant visas is that the applicant provides evidence of his/her ties to the home country. This evidence is used to evaluate whether the applicant has sufficient ties to bind him/her to their country so that they want to return after their U.S. Stay. What evidence you can provide will vary based on your age, relationships, assets and others. Below are some suggestions of category of evidence that we have […]Continue Reading
Processing times can fluctuate significantly and it is good for foreign nationals to check on these from time to time to better plan for their futures. Follow these links to access current processing times of the USCIS Service Centers, the Department of Labor and/or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers: – USCIS Service Center processing times online – Department of Labor processing times and information […]Continue Reading
USCIS is taking a more restrictive approach to filing deadlines for F-1 Optional Practical Training (OPT) applications, which is resulting in unexpected denials. Until recently, when USCIS received an OPT application more than 30 days after the DSO entered the OPT recommendation in SEVIS, it would send the applicant a Request for Evidence requiring a new Form I-20 signed by the DSO. The DSO could simply reprint the Form I-20 and sign it, and the […]Continue Reading
*Update* H-1B’s: Come and Get’em Before They’re Gone!
As a follow-up to my previous post regarding the 2013 fiscal year H-1B cap, as of April 27th, 29,200 of the 65,000 H-1B visas available to bachelor’s degree professionals have been allocated and 12,300 of the available 20,000 H-1B’s for master’s degree professionals have been issued. Though this application rate is always unpredictable, FY 2013 is especially active and if the trend continues, the cap will be reached much sooner than it was in recent […]Continue Reading
Just days after USCIS began accepting H-1B visa applications for the 2013 fiscal year, 22,323 of the 65,000 cap had already been reached. This is nearly twice the number of petitions that were received at this same time last year. Though this application rate is always unpredictable, FY 2013 is especially active and if the trend continues, the cap will be reached much sooner than it was in recent years. It is recommended that employers […]Continue Reading