H-1B Denial Rates Continue to Drop

Many applicants filing for an H-1B, under the previous administration, had to contend with difficult Requests for Evidence, followed by erroneous denials.  According to the National Foundation for American Policy (NFAP), a nonpartisan policy research group, the denial rates for H-1B petitions for initial (new) employment was as follows: 24% in FY 2018; 21% in...

Having previously written two articles on Day 1 CPT (Curricular Practical Training) I keep being asked whether I would recommend Day 1 CPT and what are the potential consequences of taking it. If you haven’t read my previous articles, please find the links below: https://patel-law-group.local/why-day-1-cpt-is-not-a-good-idea-and-can-cause-more-problems-than-it-solves/ https://patel-law-group.local/day-1-cpt-revisited/ Please note that the first article was written during...

USCIS has stated it will suspend the biometrics requirements for H-4, L-2, E-1, E-2 and E-3 applicants from May 17th, 2021 for a period of 2 years.  The biometric requirement was introduced by the Trump administration and was particularly cumbersome for H-4 and L-2 applicants as it meant that their applications would no longer be...

More great news coming from the Biden Administration. In 2004 USCIS released a policy which stated that officers should generally defer to prior determinations when making a decision on an extension petition.  However, the Trump administration rescinded this policy which created havoc, especially in the H-1B community.  It meant that individuals who had previously been...

Despite a new administration no action was ever taken by President Biden to revoke Proclamation 10052. This Trump Proclamation suspended entry of certain nonimmigrants in the US and including those on H-1B, H-2B, J and L1s and was extended by Trump by Proclamation 10131 until March 31, 2021. However, the Department of State (DOS) has...

2 years ago I wrote an article on the problems of taking Day 1 CPT and thought it was time to revisit this issue. Click here to see my previous article. At the time of writing my previous article, USCIS was taking a very firm stand on Day 1 CPT cases.  In fact, students applying...

The length of time for adjudication of petitions through USCIS continues to increase despite a new administration and new leadership of USCIS in the form of Alejandro Mayorkas. On March 22, 2021 the American Immigration Lawyer’s Association (AILA) filed a class-action lawsuit against the Department of Homeland Security (DHS), specifically in relation to the long...

USCIS recently released its updated FAQs on the electronic registration for FY2022.  Those questions can be accessed via the link below: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process One of those questions concerns multiple filings by related entities for the same beneficiary. USCIS reminds applicants that an employer may not file more than one H-1B petition for the same beneficiary in...