STEM employees are no longer to work at third Party Sites

In April 2018, USCIS updated the page on its website for Optional Practice Training for STEM students which seems to indicate its view that F-1 students in the STEM OPT program are not permitted to engage in OPT at third party locations. Of particular concern is the following statement: “For instance, the training experience may not take place at the place of business or worksite of the employer’s clients or customers because ICE would lack authority to visit such sites.” According to the preamble to the March 11, 2016 STEM OPT Final Rule: There are several aspects of the STEM OPT extension that do not make it apt for certain types of arrangements, including multiple employer arrangements, sole proprietorships, employment through ”temp” agencies, employment through consulting firm arrangements that provide labor for hire, and other relationships that do not constitute a bona fide employer-employee relationship…. Accordingly, DHS clarifies that students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the Training Plan, and the employer that signs the Training Plan must be the same entity that employs the student and provides the practical training experience. Therefore, it appears that the change in language on the USCIS website is overreaching, and that a STEM OPT employee could be placed at the worksite of an employer’s client or customer, as long as the STEM OPT student is a bona fide employee of the employer signing the training plan, and the employer that signs the training plan provides the practical training experience. This issue has been brought to the attention of DHS and interested members of Congress through...

USCIS to destroy Green card and EAD card returned to them by the USPS

Undeliverable  Permanent Resident and Employment Authorization Cards and Travel Documents to be Destroyed After 60 Days Starting April 2, USCIS will destroy Permanent Resident Cards, Employment Authorization Cards and Travel Documents returned as deliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted by the document’s intended recipient to provide the correct address. USCIS encourages applicants to report a change of address within 10 days of relocation using the procedures outlined at uscis.gov/addresschange   A few tips to avoid this problem IF you move immediately file an AR-11 online with USCIS . Additionally notify  the office where your petition is pending In any circumstance, make sure you “tape” you name to the inside of your mailbox Go to you local post office to make sure they have a record of you living at your address As Always contact us if you have questions or concerns  ...

USCIS suspends premium processing – but only for Cap cases

Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. We will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This suspension is expected to last until Sept. 10, 2018. During this time, we will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap. We will notify the public before resuming premium processing for cap-subject H-1B petitions or making any other premium processing updates. During this temporary suspension, we will reject any Form I-907, Request for Premium Processing Service, filed with an FY 2019 cap-subject H-1B petition. If a petitioner submits one combined check for the fees for Form I-907 and Form I-129, Petition for a Nonimmigrant Worker, we will reject both forms. When we resume premium processing, petitioners may file a Form I-907 for FY 2019 cap-subject H-1B petitions that remain...

DACA will go on… For now

The Supreme Court denied certiorari, and noted that “[i]t is assumed that the Court of Appeals will proceed expeditiously to decide this case.” (DHS v. Regents of the University of California, 2/26/18)   The Supreme Court refused Monday to review a federal judge’s order that the Trump administration continue a program protecting undocumented immigrants brought to the United States as children. The denial leaves in place the popular DACA program, which has protected some 690,000 undocumented immigrants from deportation and enabled them to get work permits. The program had faced a March 5 deadline for congressional action set by Trump last summer. Two federal courts have ruled the administration’s action was illegal. The justices could have agreed to hear the case this spring, leapfrogging a federal appeals court based in California that has been sympathetic to the cause of immigrants. They also could have overruled federal District Judge William Alsup without a hearing. Instead, they simply allowed the case to run its normal course through the appeals court, which it asked to “proceed expeditiously.” The case still could come to the high court in the future. So the debate will continue, but for now we can still renew DACA...

Not all Family Based Adjustment of Status Applicants are created equally. #immigration #AOS #greencard

This is a very simple I-130/ I-485 immigration application, This is for a US Citizens who is filing for her spouse.  They have been married several years and are expecting their first child . The foreign national is in the USA legally. Due to affidavit of support requirements, this application  which is typical from 80-100pages.. discloser to 1000 pieces of...

No more POA for USCIS Immigration forms

All applicants Except those under 14 must sign their USCIS  Immigration Forms       WASHINGTON —U.S. Citizenship and Immigration Services (USCIS) announced today that petitioners and applicants who seek immigration benefits must provide a valid signature on forms submitted to the agency. In an effort to protect and safeguard the nation’s immigration system and those who benefit from it, power of attorney signatures will no longer be accepted. If forms are filed by a corporation or other legal entity, they must be signed by an authorized person. The new policy is effective March 18, 2018. This final policy memorandum updates an interim memorandum that outlined the elements of a valid signature and permitted entities that filed petitions with USCIS to use the signature of an individual based on a power of attorney. Because of concerns about consistency and program integrity, USCIS reversed the interim memorandum’s policy on power of attorney signatures. The prohibition on power of attorney signatures does not affect signatures on behalf of individuals younger than age 14 or those with disabilities. The final memorandum makes additional changes such as providing that an authorized signatory must be employed by the petitioner and that USCIS may reject a form submitted with a faulty signature instead of offering the opportunity to fix the deficiency. USCIS will publish revised instructions for individual forms to clearly specify the applicable signature requirements. USCIS will also address requirements for electronic signatures in future guidance. For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook(/uscis).   -USCIS- Please do not reply to this...

USCIS now to accept credit card for Many Forms

USCIS now to accept credit card for Many Forms   If you file one of the following forms with a USCIS Lockbox facility, you may pay with a credit card  using Form G-1450, Authorization for Credit Card Transactions. – U.S. Citizenship and Immigration Services (USCIS) announced today that it will now accept credit card payments for filing most of its forms. The new payment option is available for the 41 fee-based forms processed at USCIS Lockbox facilities. To pay by Visa, MasterCard, American Express or Discover, applicants will need to use Form G-1450, Authorization for Credit Card Transaction (PDF, 260 KB)s. USCIS will enter credit card data into the Pay.gov system, operated by the U.S. Department of the Treasury, and will then destroy the Form G-1450 to protect the credit card information. Last Reviewed/Updated: 02/14/2018 FORMS Most Searched Forms Apply for Citizenship (Form N-400) Apply for a Green Card (Form I-485) Petition for Alien Relative (Form I-130) Apply for Employment Authorization (Form I-765) Affidavit of Support (Form I-864) Employment Eligibility Verification (Form I-9) Apply for a Travel Document (Form I-131) Remove Conditions on a Green Card through Marriage (Form I-751) Renew or Replace My Green Card (Form I-90) G-1055, Fee Schedule Forms Information Filing Fees File Online Forms Updates Department of State (DS) and Other Non-USCIS Forms G-1055, Fee Schedule Was this page helpful?  Yes ...