The Law Offices of Gary J. Kim

USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in our computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous years, we will now begin returning all H-1B cap-subject petitions that we did not select and will issue an announcement once we are done notifying petitioners. Due to the volume of filings, we cannot provide a definite time frame for returning unselected petitions. We ask petitioners to wait to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition that […]

USCIS has updated the Adjudicator’s Field Manual (AFM) to emphasize that, under current regulations, the periods of initial authorized stay are different for individual athletes (P-1A) and their essential support personnel (P-1S). The P-1S classification is for “Essential Support Personnel” who are an integral part of the performance of a P-1 nonimmigrant, and who perform support services that cannot be readily performed by a U.S. worker. Under existing DHS regulations, P-1A individual athletes have an initial period of authorized stay of up to five years, while their P-1S essential support personnel have an initial authorized stay limited to the period […]

Article from U.S. Citizenship and Immigration Services : News Release Release Date: Mar. 22, 2018 On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999. For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six […]

Article from U.S. Citizenship and Immigration Services : News Release Release Date: Mar. 2, 2018 The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change. USCIS has published a policy memorandum (PDF, 119 KB) making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite. In publishing this policy, USCIS clarifies existing regulatory requirements relating to H-1B petitions filed for workers who will be employed at […]

Article from U.S. Citizenship and Immigration Services : News Release Release Date: Feb. 22, 2018 On January 12, 2018, USCIS changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. Previously the Service Center Operations Directorate processed these filings. Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States as refugees. Petitioners and/or accredited representatives who file refugee-based Form I-730 petitions will receive further instructions when IASB receives their filings. Form I-730 petitions filed by persons granted asylum will […]

Article from U.S. Citizenship and Immigration Services : News Release Release Date: Mar. 22, 2018 USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have published the list of countries whose nationals are eligible to receive H-2A and H‑2B visas in 2018. The notice listing the eligible countries was published on Jan. 18, 2018, in the Federal Register. For 2018, Secretary of Homeland Security Nielsen and Secretary of State Tillerson have agreed: •To add Mongolia to the list of countries eligible to participate in the H-2A and H-2B visa programs, and •To no longer […]

Article from U.S. Citizenship and Immigration Services : News Release Release Date: Dec. 22, 2017 U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist. The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on […]

Article from U.S. Citizenship and Immigration Services : News Release Release Date: Dec. 14, 2017 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision. Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER […]

Article from U.S. Citizenship and Immigration Services : News Release Release Date: Nov. 21, 2017 WASHINGTON— Today, U.S. Citizenship and Immigration Services (USCIS) announced the number of visas the agency will grant for the last three fiscal years (FYs) of the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. Congress previously mandated that USCIS end the program by reducing the number of workers in the program to zero by Dec. 31, 2019. Under the CW-1 program, employers in the CNMI can apply for permission to employ foreign workers who are ineligible to work in the territory under […]

Article from U.S. Citizenship and Immigration Services : News Release Release Date: Sept. 28, 2017 U.S. Citizenship and Immigration Services (USCIS) is reminding eligible Deferred Action for Childhood Arrivals (DACA) recipients that they have one week to properly file their DACA renewal requests and associated applications for employment authorization. As previously announced, for recipients whose DACA and work authorization expire between Sept. 5, 2017, and March 5, 2018, inclusive, USCIS will continue to accept renewal requests through Oct. 5, 2017. These requests must be properly filed and physically received by the agency at the proper filing location no later than […]