This Law Library section is a data warehouse of most of the petinent legal information such as USCIS memos, DOS memos, USDOL and state agency memos, operating instructions, BALCA decisions, AAO Decisions, USDOL's ARB decisions, Case Law from Federal Circuit courts, etc. that related to certain aspects of U.S. business immigration law matters concerning H-1B, L-1A,B, TN, I-140s under PERM, EB-1, OR, EAA, NIWs etc., such as the ones set forth as under.
AAO Decisions (Decisions from the Administrative Appeals Office) on: H-1B, L-1A, L-1B I-140 (Labor based) I-140 (EB1/EB2 I-40) EAA, OR, NIW
STEPS TO OBTAIN A 17 MONTH EXTENSION OF F1 OPT UNDER THE 4/8/2008 RULES
1.Steps to be completed by employer:Enroll in E-Verify program. (Enrollment can be done online at www.uscis.gov/E-Verify)
2.Steps to be completed by employee's Designated School Official (DSO):
·Verify that employee's degree is on the STEM (science, technology, engineering, mathematics) Designated Degree Program List;
·Make recommendation to extend current OPT by 17 months through web-based Student and Exchange Visitor Information System (SEVIS); and
·Provide new I-20 form with updated OPT dates to the F1 student.
3.Steps to be completed by employee (i.e., the F1 OPT extension seeking student visa status holder ):File Form I-765 with USCIS. (Form and detailed instructions on filing available at www.uscis.gov)Click on www.uscis.gov and clock on “Forms” and click on I-765.The current filing fee is $340.2 photos are also required.
Premium Processing - Premium Processing Service allows U.S. businesses to pay a $1,000 fee in exchange for the 15-calendar day processing of their petitions and applications. INS guarantees that within 15 days INS will issue either an approval notice, a notice of intent to deny, a request for evidence or a notice of investigation for fraud or misrepresentation. If the INS fails to process the petition within 15 days, it will refund the $1,000 to the company and continue to process the petition as part of the Premium Processing Service. In addition to expedited processing, companies who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition. Premium processing can be done for the following type of cases:
E-1 Treaty Trader;
E-2 Treaty Investor;
H-2A Agricultural Worker
H-2B Temporary Worker
L-1 Intra-company Transferees
O-1 and O-2 Aliens of Extraordinary Ability or Achievement
P-1, P-2 and P-3 Athletes and Entertainers; and
Q-1 International Cultural Exchange Aliens.
H-1B Temporary Workers in Specialty Occupations;
R-1 Temporary Workers in Religious Occupations; and
CRS issues a new report on the Visa Waiver Program to reflect the new US-VISIT requirements:The Congressional Research Service (CRS), on 4/6/04, released an updated report on the Visa Waiver Program (VWP) to reflect the fact that, as of 9/30/04, VWP participants arriving at airports and seaports will be subject to the US VISIT requirements. See the resport below: