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Articles Posted in Employment-Based Categories

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Answering Your Immigration Questions

For this blog we are answering 5 questions we have recently received through our social media platforms and our website. Please remember that every case is different and every immigration journey is unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you…

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H-1B Season, Premium Processing, & More

H-1B season is now in full swing. H-1B petitions will begin to be accepted by USCIS on April 1, 2016 for the 2017 fiscal year. Each year, foreign workers in specialty occupations compete for one of 65,000 H-1B visas allocated each fiscal year. Foreign workers with a U.S. Master’s degree…

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New OPT STEM Rule for F-1 Students Effective May 10, 2016

The new replacement rule affecting the Optional Practical Training (OPT) program for F-1 students with degrees in science, technology, engineering, or mathematics (STEM), has been posted and is now available for inspection in the federal register. The new replacement rule will replace the previous 2008 rule and become effective beginning…

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Op-Ed: As Elections Near, Republicans Politicize H-1B Visa Program

Last week, the Senate held a hearing scrutinizing the temporary H-1B skilled worker program, the second hearing of its kind within just one year. At issue was the protection of American jobs and dissatisfaction with the program among conservatives in the Senate, who believe the program has caused job displacement…

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USCIS Issues Updated Guidance for Adjustment of Status to Lawful Permanent Residence in Policy Manual

The U.S. Citizenship and Immigration Services (USCIS) has released an updated policy manual addressing the policies and procedures associated with adjustment of status to lawful permanent residence under section 245a of the Immigration and Nationality Act. The policies set forth in the newly updated policy manual are effective beginning February…

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OFLC Emergency Initiative for Backlogged H-2B Labor Certification Applications

Presently, the Employment and Training Administration’s (ETA) Office of Foreign Labor Certification (OFLC) is experiencing significant delays in processing employer H-2B certification applications.  These delays are owed to various factors. The most important includes a mandatory 17-day certification pause that took place at the Chicago National Processing Center, for the…

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Filing Fees to Increase for Certain H-1B/L Dependent Employers

Beginning December 18, 2015, H-1B and L-1 filing fees will increase for H-1B/L-1 dependent employers, employing 50 or more employees, with more than 50% of those employees in H-1B or L nonimmigrant status. This increase in fees comes with the passage of the Consolidated Appropriations Act, 2016 recently signed into…

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Staff Spotlight: Paralegal Maya Elkain

For this month’s staff spotlight, we invite you to learn more about Paralegal, Maya Elkain. Ms. Elkain began her journey with the Law Offices of Jacob J. Sapochnick in 2014 as an intern. She quickly learned the ins and outs of employment based immigration law and was offered a position.…

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The H-1B Guide: Preparing for H-1B Season

What is the H-1B Visa? The H-1B visa is a work visa that is awarded on a lottery basis. The H-1B visa program allows American companies and/or qualifying organizations to employ foreign workers to fill specialty occupations temporarily. The foreign worker must posses a combination of education, specialized training, and/or…

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The Upsides and Downsides to the Proposed Rule to Retain EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled Nonimmigrant Workers

On Thursday, December 31, 2015 the Department of Homeland Security published a new proposed rule affecting highly skilled immigrant and non-immigrant workers alike. The proposed rule, introduced in last week’s federal register, aims to improve the ability of American employers to hire and retain highly skilled workers waiting to receive…

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