Tag archive: USCIS

This past July, USCIS announced a policy memorandum that took effect September 11th, 2018.  This memorandum allows adjudicators to deny incomplete applications, requests, and petitions without first issuing an NOID and RFE. Before the memorandum, adjudicators were required to issue an RFE or NOID instead of outright Denials unless there was absolutely no possibility that…

TODAY MONDAY APRIL 2nd filing season for H-1B visa petitions officially opens. USCIS will continue to accept petitions until the cap of 65,000 visas plus an additional 20,000 for candidates with masters degrees or higher is filled, or for at least five business days. For the past few years, the cap has been met before…

The H1B RFE of the year is the Level 1 Wages RFE. In this RFE, CIS targets computer programmers at Level 1 Wages arguing that because these professionals are paid Level 1 Wages, their position is entry level. They then reference the Department of Labor’s Occupational Outlook Handbook (OOH) in the part that says sometimes…

Employment issues are this year’s justification for the slew of RFEs CIS issued targeting computer programmers applying for H1B visa status. The problem arises when employers mark the occupation as Level 1 Wage on the Labor Conditions Application (LCA) they must file. CIS released a memo in late March indicating that computer programmers at Level…

EB2 traps can set your Green Card, or your employee or client’s Green Card back years. Know where they are so you don’t fall into one. Although it is tempting for candidates to try to meet EB2 qualifications when really their education and employment is a fit for EB3, trying to make education that simply…

Here’s the deal with H1B and the Indian Three-Year bachelor’s degree: CIS will NOT accept the Indian three-year bachelor’s degree alone as adequate evidence that you or your employee or client meets H1B educational requirements. It doesn’t matter that Indian three-year bachelor’s degrees contain just as many if not more credit hours as the US…

When the number of H-1B petitions submitted that are not cap-exempt exceeds the allotted 85,000 annual visas, USCIS uses a randomized, computer-generated lottery to determine which visas are accepted for consideration for these visas. All visas selected are reviewed by CIS, and the rest are sent back to the petitioners and their employers. For the…

There are plenty of good credential evaluators out there who are not a good fit for your EB2 credential evaluation, or your employee or client’s EB2 credential evaluation. They can write accurate evaluations, but not the right one for what you need. Finding the right credential evaluator for your unique case, or your employee or…

Whether you’re looking into hiring on a new employee under H-1B status, or taking on a current L-1 or TN employee as an H-1B employee for this next fiscal year, it’s time to get going. USCIS begins accepting petitions for this much sought after visa on April 1st. If the past several years are any…

So submitted your H-1B petition the first week of April, you made it through the lottery, the USCIS has reviewed your petition and sent an RFE. What do you do now? First off, don’t panic! This means your visa hasn’t been denied and you get a second chance to build a strong case for its…

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