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Authors: Ashik Jahan

Written by: Ashik R. Jahan, Esq. On Jan. 7, US Citizenship & Immigration Services (USCIS) announced the H-1B Selection final rule, which amended the regulations governing the process by which USCIS selects H-1B registrations for the filing of H-1B cap-subject petitions. In short, under the Trump Administration, the H-1B lottery system would be modified to now favor those with higher wages. However, under the new Biden Administration, it was determined

Written by: Ashik R. Jahan, Esq. President Biden plans sweeping immigration changes, including a bill that would provide a path to citizenship for an estimated 11 million undocumented immigrants living in the United States; create an earned path to citizenship for Dreamers, farm workers, those in temporary protected status and essential workers, who risk their lives to serve and protect American communities. Biden also plans to sign executive actions on

Written by: Ashik Jahan, Esq. Judge Jeffrey S. White of the U.S. District Court of Northern California granted a preliminary injunction filed by several associations that had challenged the validity of President Trump’s Proclamation 10052, which suspended the issuance of nonimmigrant work visas (particularly J, L, and H category visas) in June of 2020 for a period lasting until December 13, 2020, or longer if necessary.”  According to the Trump

Written by: Ashik Jahan, Esq. A new federal funding bill also includes some significant changes to the premium processing service offered by the U.S. Citizenship and Immigration Services (USCIS). Presently, USCIS provides premium processing for limited cases with a filing fee of $1,440.00 and adjudicates such filings within 15 calendar days.  Highlights of the new changes are below: Premium processing service will be made available for new case types,

Written by: Ashik Jahan, Esq. USCIS fee increases were scheduled to go into effect on October 2, 2020. However, a federal judge granted a motion for a preliminary injunction blocking the fee increase. U.S. District Judge Jeffrey White wrote that he based his injunction on several factors. He said the Trump administration did not adequately follow procedures for making new rules, including failing to consider the impact of the

Written by: Ashik Jahan, Esq. Each year, the State Department uses a lottery system to select visa recipients from a broad array of countries that are underrepresented in the United States. In April, President Trump banned diversity visa (DV) recipients from entering the country.  However, a federal judge has ordered the Trump administration to resume issuing diversity visas on September 5. As a background, the Diversity Visa Program was enacted

Written by: Ashik R. Jahan, Esq. https://travel.state.gov/content/travel/en/News/visas-news/phased-resumption-routine-visa-services.html The Department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic.  As global conditions evolve, U.S. Embassies and Consulates are beginning a phased resumption of routine visa services. The resumption of routine visa services will occur on a post-by-post basis. However, the Department of State is unable to provide a specific date for when each mission will resume

Written by: Ashik R. Jahan, Esq. President Trump’s latest Presidential Proclamation is effective as of June 24, 2020 and suspends entry of individuals in H-1B (specialty occupation), H-2B (temporary non-agricultural and seasonal workers), L-1 (multinational intracompany transferees) and J-1 (cultural and educational exchange visitors) visa categories, as well as their dependent family members, to the United States through December 31, 2020. It is important to distinguish that the limitation

Written by: Ashik R. Jahan, Esq. With the growing uncertainty of what impact COVID-19 will have on local businesses from an economic standpoint, many businesses are unsure of how they will maintain day-to-day operations. There may be an added uncertainty to employers that sponsor H-1B workers.  Lay-offs, furloughs, reduced wages, and even termination of employees are all options that are being considered by many businesses.  However, it is important

Written by: Ashik Jahan, Esq., and Cody Hendrix USCIS has placed a temporary suspension on premium processing services for fiscal year 2021 cap H-1B Petitions. This means that petitioners will not be able to request nor file for premium processing when USCIS begins accepting H-1B petitions on April 1, 2020. USCIS will not begin accepting premium processing for cap petitions again until at least June 29, 2020. Any request