News & Resources

Success Story: Consulate Officer Goes Rogue

Last week, we received the following email from a client: “Unfortunately, my visa wasn’t approved. It’s been placed under special administrative processing. “The lady who interviewed me was not very nice, nor did she seem to understand how my role was specialized and satisfied the H-1B standard. I explained and provided the supporting paperwork. But she would not read it and sent me away. I left her with everything you gave me plus my passport. […]

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Alert: Requests for Additional Evidence for H-1B Petitions

Imagine winning a coveted lottery. You are over the moon… and then someone threatens to take your deserved, well-documented, and legally required win away. This is what is happening to many employers and foreign nationals that were fortunate to be selected under the H-1B lottery petitions – now, USCIS has been widely using Requests for Additional Evidence (RFE) and Notices of Intent to Deny on thousands of those petitions. These types of policies don’t just […]

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New Green Card Requirement for Applicants Will Lead to Massive Backlogs

On October 1, 2017, USCIS will start in-person interviews for employment-based green card applicants, which is something that has not been done in over a decade. Due to the change, there will be much longer wait times to finalize the employment-based green card process. But the consequences go much further than that. The policy change is expected to impact all people applying for permanent residence status, leading to massive green card processing backlogs, and possibly […]

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Arbitrary and Unpredictable Consular Visa Processing Requests and Delays

As part of the executive order “Buy American and Hire American”, we are now seeing and hearing about arbitrary and unpredictable consular visa processing requests and delays. These include processing for L-1 multinational managers or specialized knowledge employees; E-2 investors; O-1 extraordinary alien; and H-1B professional workers after USCIS has already approved the petition. This trend is unfortunately likely to continue because the Department of State updated the Foreign Affairs Manual (FAM), which it uses as guidance […]

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Alert about Employees in F-1 Status Changing to H-1B

Most students in F-1 or J-1 status are exempt from FICA (Medicare and Social Security) taxes, but once an employee’s status changes to H-1B, that exemption ends. They will become subject to FICA taxes. As the employer, you must begin withholding FICA taxes upon the effective date of the change.

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FAQ about Consular Processing

You’ve scheduled your consular interview appointment. Now you’re wondering: what’s next? Non-immigrant visa consular processing can be a stressful process.  These FAQs can prepare you and facilitate the process. 1.     What should I do to prepare for the interview? Review the appointment notice to ensure that you have all required documents. Do not staple documents. Use binder clips if necessary. Bring clear and legible photocopies of all required documents as well as originals, if required. […]

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