Tag archive: USCIS memorandum

This year, there have been some changes made to the H-1B lottery process and to approval adjudication.  As in years previous, 65,000 H-1B visas are available for beneficiaries with US Bachelor degrees or higher or their equivalent, and 20,000 H-1B visas are allotted for beneficiaries with advanced degrees of US Master degree or higher.  What…

The good news is that we likely won’t be seeing many – if any – Nightmare RFEs this coming H1B season.  The bad news is that the reason is because the recent USCIS memorandum issued in September of 2018 now gives visa adjudicators the authority to reject petitions outright without giving the petitioner a chance…

In September, 2018, USCIS announced in a memorandum that visa adjudicators could now deny visa petitions outright without first issuing a REQUEST FOR EVIDENCE for clarification.  That means it is crucial this year more than ever to anticipate any issues that may arise in your petition, or your employee or client’s petition before you file….

While specialty occupation RFEs are nothing new, starting in the 2017 H1B cap season we saw a dramatic increase in such RFEs.  This coming year, there may not be many RFEs at all because USCIS adjudicators have been given license to deny petitions outright. To qualify for H1B status a job must require a minimum…

Last week, we went over common H1B issues that require expert opinion letters to prevent that we can help you with at TheDegreePeople.  This week, we’re going to look at common issues arising with I-140 visas, particularly when it comes to EB2 and EB1. Managerial/Executive Capacity Letter If you, or your employee or client works…

This coming H1B season, visa adjudicators at CIS have adopted a memorandum to deny visa petitions without first issuing an RFE. A Denial is MUCH more difficult to overturn than an RFE and it is best to avoid them altogether.  This has lawyers talking about submitting expert opinion letters with the initial H1B petition to…

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