PREMIUM PROCESSING FOR ALL H-1B cases

USCIS Resumes Premium Processing for All H-1B Petitions

USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request.

When an H-1B petitioner properly requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If not take certain adjudicative action within the 15‑calendar day processing time, USCIS refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition.

 

Source: https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-all-h-1b-petitions

USCIS Latest Denial Trends

USCIS has published the denial report for 2018 at

https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/h-1B-quarterly-requests-for-evidence-2015-2019-Q1-top-30-employers.pdf 

It is astonishing that numerous continuation cases are also being denied for major US corporations and it, unfortunately, is bound to have a ripple effect on the quality of work when people are required to stop work that they have been performing for a long time. Some major companies seem to have had more than 50% of their cases denied for their last year April filings.

 

Birth Right Citizenship

With recent talk and political rhetoric with respect to ending birthright citizenship, we wish to share the current source of law for the granting of US citizenship at birth. We do not believe the current citizenship laws can be changed through an executive order.

8 U.S. Code § 1401  deals contains the law regarding citizenship at birth. Citizenship in the United States is a matter of federal law, governed by the United States Constitution.

As per the Fourteenth Amendment to the United States Constitution adopted on July 9, 1868, the citizenship of persons born in the United States has been controlled by its Citizenship Clause, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Currently, all of the below scenarios qualify for citizenship at birth:

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EB5 – Policy on Debt Arrangements

USCIS is revising policy guidance in the USCIS Policy Manual to clarify its policy on debt arrangements as per Policy Alert PA-2018-11.

 Foreign nationals may seek an immigrant visa based on their investment in a new commercial enterprise in the United States if they meet certain related job creation requirements.

To make a qualifying investment, the immigrant investor must contribute the minimum investment amount in a manner that does not constitute a debt arrangement. Relevant precedent provides that a redemption agreement is a debt arrangement if the petitioner enters into the agreement knowing that he or she has a willing buyer at a certain time and for a certain price.
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