Form I-129

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On Oct. 30, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it is increasing the fee to request premium processing for certain employment-based petitions.  Beginning on Nov. 29, 2019, The premium processing fee will increase to $1,440 from the current fee of $1,410 for Form I-129, Petition for a Nonimmigrant Worker, and Form…

There is no premium processing available for any nonimmigrant status requested using a stand-alone Form I-539. Until recently, however, the USCIS would traditionally grant courtesy premium processing for I-539 applications (H-4, L-2, E-2 or O-3 applicants) that were filed concurrently with the principal’s I-129 petition if the I-129 was filed using premium processing.

The USCIS…

From April 30, 2018, to Oct. 31, 2018, the USCIS California Service Center (CSC) and the U.S. Customs and Border Protection (CBP) at the Blaine, Washington, port of entry (POE) will implement a joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA). This pilot is designed to facilitate the adjudication and admission process of Canadians traveling to the U.S. as L-1 nonimmigrants.
Continue Reading USCIS and CBP to Implement Form I-129 Pilot Program for Canadian L-1 Nonimmigrants

On Oct. 12, 2017, U.S. Citizenship and Immigration Services (USCIS) announced a major change in the direct filing addresses for certain Form I-129, Petition for a Nonimmigrant Worker petitions. Previously, the filing center for these petitions was determined by the U.S. state or territory where the beneficiary’s worksite or training site was located. With USCIS’s latest announcement, the filing center for most Form I-129 petitions will be determined by the primary office location of the company or organization for which the beneficiary works.
Continue Reading USCIS Changes Locations To File Forms I-129

Late Friday evening on March 3, 2017, The U.S. Citizenship and Immigration Services (“USCIS”) announced that it will temporarily suspend its premium processing service for all H-1B petitions, including CAP-subject H-1B petitions.  The temporary suspension will begin on Monday, April 3, 2017, and may continue for up to 6 months.  This procedural change is intended…

On October 8, 2015, the Department of State (DOS) clarified that the endorsement validity dates of a Form I-129S control the period of a worker’s blanket L-1 classification.  In response to this DOS clarification, employers and holders of Blanket L visas are advised to verify the I-129S validity dates as soon as the endorsed form…

On Feb. 24, 2015 the Department of Homeland Security issued a final rule providing for employment authorization for certain H-4 dependent spouses. This is one of the most significant changes to employment-based immigration to occur in many years.

Who is eligible? Only certain H-4 dependents of H-1B nonimmigrants are eligible for employment authorization. The benefit is limited to H-4 dependent spouses (i.e., not children) of H-1B nonimmigrants who are the principal beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140), or who have been granted H-1B status in the United States under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), generally by exhausting six years of H-1B eligibility and being the beneficiary of an I-140 which is retrogressed or a labor certification that has been pending with the government for at least one year.

When does the H-4 employment authorization rule take effect? DHS will begin accepting Applications for Employment Authorization (Forms I-765) submitted by eligible H-4 dependent spouses on May 25, 2015.Continue Reading Work Authorization for (Some, But Not All) H-4 Visa Holders