Younossi Law- U.S. Immigration Attorney/ Lawyer

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Immigration Agency Response to AI Order Lags Despite Head Start The Department of Homeland Security and other agencies overseeing immigration have been slow to meet the goals of President Joe Biden’s executive order on artificial intelligence even though they already had undertaken steps to boost foreign talent pipelines well before the order’s release.

RFES REPORTED FOR EB-1A (EXTRAORDINARY ABILITY), EB-1B (OUTSTANDING PROFESSORS AND RESEARCHERS), AND EB-2 NIW (NATIONAL INTEREST WAIVER) PETITIONS.

RFEs reported for EB-1A (Extraordinary Ability), EB-1B (Outstanding Professors and Researchers), and EB-2 NIW (National Interest Waiver) petitions. - Younossi Law, PC While our office has not experienced these issues, unfortunately AILA (American Immigration Lawyers Association) reports a pattern of RFEs and denials across EB-1A, EB-1B, and EB-2 NIW petitions that appear to deviate from established legal standards and USCIS policy guidance. Per AILA, these includ...

On March 8, 2024 USCIS announced that applicants must use the Final Action dates chart from DOS’s April 2024 Visa Bulletin to determine eligibility for filing employment-based adjustment of status applications in April 2024.

APRIL 2024 VISA BULLETIN - Younossi Law, PC On March 8, 2024 USCIS announced that applicants must use the Final Action dates chart from DOS’s April 2024 Visa Bulletin to determine eligibility for filing employment-based adjustment of status applications in April 2024. Please see: Visa Bulletin for April 2024

We thought we would provide you with a simplified overview of the unbelievable increase in USCIS filing fees. And the winner is: A 2,050% increase in fees for one soon upcoming category.

If you have any questions or need assistance with your immigration journey, please contact Younossi Law at 650-737-7600. Our dedicated team is here to guide you through the process.

Find out here:

USCIS’s upcoming New Fee Structure - Younossi Law, PC We thought we would provide you with a simplified overview of the unbelievable increase in fees via this link. As you can see, the incentive is to do online filings. While the premium processing fee will increase on February 26th, the remaining fees will take effect on April 1, 2024. Type of Fili....

On February 12, 2024, USCIS announced that applicants must use the Final Action dates chart from DOS’s March 2024 Visa Bulletin to determine eligibility for filing employment-based adjustment of status applications in March 2024. In previous months, USCIS had allowed filers to use the Dates of Filing chart.

Please see: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2024/visa-bulletin-for-march-2024.html #:~:text=The%20worldwide%20level%20for%20annual,at%202%25%2C%20or%207%2C320.

Visa Bulletin For March 2024 This bulletin summarizes the availability of immigrant numbers during March for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Interesting H-1B CAP Program Enhancements

As you may be aware, USCIS has recently implemented a final rule to bolster the integrity of the H-1B registration process. The rule establishes a beneficiary-centric selection process, providing equal chances for all, and introduces mandatory passport information for registrants.

Key Points:

Beneficiary-Centric Selection Process: Minimizing system gaming.
Passport Information Requirement: Mandatory passport details for consistency in H-1B visa issuance.
Flexibility in Employment Start Dates: Greater flexibility in requested start dates for certain petitions.
Denial or Revocation of Petitions: USCIS authority to deny or revoke petitions for false information.
Fee Schedule Final Rule: Fee adjustments effective after FY 2025 H-1B cap registration.
FY 2025 H-1B Cap Registration Period: March 6-22, 2024, through USCIS online accounts.
Organizational Accounts and Online Filing: Collaborative organizational accounts available from February 28, 2024.
Online Filing for Non-Cap H-1B Petitions: Digital filing option for non-cap H-1B petitions.
Transition to Online Filing for H-1B Cap Petitions: Full online filing for H-1B cap petitions starting April 1, 2024.
Dual Filing Options: Online and traditional paper filing options available.

For additional information, please visit the USCIS website: https://lnkd.in/gAMVA7Fb.

Note: If you have any questions or need assistance with your immigration journey, please contact Younossi Law at 650-737-7600. Our dedicated team is here to guide you through the process.

Domestic Visa Renewal Pilot for H-1B Visa Holders

As you may have seen reported, on January 29, 2024, the United States State Department launched a groundbreaking pilot program that allows eligible H-1B visa holders to renew their visas from within the United States. We have been receiving many inquiries relating to this program. The following will provide you with an overview of this program.

Eligibility Criteria:

H-1B visa holders must have a prior H-1B visa issued by U.S. Missions in India or Canada within ranges specified below. The applicant must also have an approved and unexpired H-1B petition, recent admission to the U.S. in H-1B status, a valid unexpired H-1B I-94 record, and residence in the U.S. at the time of application.

For a process overview, please click the following link: https://lnkd.in/gpB9JpjR
With approximately 4,000 slots available each week starting January 29, weekly application slot releases will continue until April 1, 2024, or until all 20,000 slots are filled.

Expected Processing Time are reported to be 6 to 8 weeks from the receipt of passports and supporting documents. There is no expedite option available, and the agency aims to adjudicate all applications submitted under the pilot by May 1, 2024.

Potential Expansion: While the initial phase of the pilot is limited to H-1B visa holders, the State Department intends to expand the program to include H-4 dependents and other nonimmigrant visa categories in 2024.

Note: If you have any questions or need assistance with your immigration journey, please contact Younossi Law (www.younossi.com) at 650-737-7600. Our dedicated team is here to guide you through the process.

North California Corporate Immigration Attorney - Younossi Law, PC Younossi Law provides immigration representation for businesses and individuals in California. Contact us at 650-737-7600.

A Comprehensive Guide to the State Department's Domestic Visa Renewal Pilot for H-1B Visa Holders

The United States State Department is set to launch a groundbreaking pilot program that allows eligible H-1B visa holders to renew their visas from within the United States. Scheduled to commence on January 29, 2024, this Domestic Visa Renewal Pilot is poised to simplify and expedite the renewal process, eliminating the need for applicants to travel abroad for visa renewal at a U.S. consulate. In this detailed guide, we will explore the key aspects of the program, including eligibility criteria, application procedures, and frequently asked questions.

Key Highlights:

Program Overview:

The Domestic Visa Renewal Pilot, initiated by the State Department, aims to enable eligible H-1B visa holders to renew their visas within the United States.
The pilot program is set to accept applications from January 29 to April 1, 2024, or until the 20,000 application slots are filled, whichever comes first.

Eligibility Criteria:

To be eligible for the program, H-1B visa holders must meet specific criteria, including having a prior H-1B visa issued by U.S. Missions in India or Canada within specified date ranges.
Other requirements include an approved and unexpired H-1B petition, recent admission to the U.S. in H-1B status, a valid unexpired H-1B I-94 record, and residence in the U.S. at the time of application.

Application Process:

The application process involves several steps, starting with the pre-screening tool and electronic submission of Form DS-160.
Applicants must pay a non-refundable $205 machine-readable visa (MRV) fee online and submit their passport, supporting documents, and a copy of the USCIS H-1B petition approval via mail or courier.

Application Slots and Phases:

The State Department will release application slots in phases, with approximately 4,000 slots available each week starting January 29.
Weekly application slot releases will continue until April 1, 2024, or until all 20,000 slots are filled.

Expected Processing Time:

The State Department anticipates processing domestic applications in 6 to 8 weeks from the receipt of passports and supporting documents.
There is no expedite option available, and the agency aims to adjudicate all applications submitted under the pilot by May 1, 2024.

Interview Waiver Program:

To qualify for the domestic visa renewal program, applicants must be eligible for the State Department's interview waiver program.
The waiver allows applicants to skip in-person interviews, provided they meet specific criteria and do not have disqualifying factors.

Potential Expansion:

While the initial phase of the pilot is limited to H-1B visa holders, the State Department intends to expand the program to include H-4 dependents and other nonimmigrant visa categories in 2024.

The State Department's Domestic Visa Renewal Pilot is a significant development for H-1B visa holders, offering a streamlined and convenient process for renewing visas within the United States. By understanding the eligibility criteria, application procedures, and key considerations outlined in this guide, H-1B visa holders can navigate the renewal process with confidence. As the program evolves and potentially expands to other visa categories, it marks a promising step towards enhancing the efficiency of the U.S. visa renewal system.

Note: If you have any questions or need assistance with your immigration journey, please contact us. Our dedicated team is here to guide you through the process.

USCIS TO IMPLEMENT THIRD PHASE OF PREMIUM PROCESSING EXPANSION FOR CERTAIN PREVIOUSLY FILED EB-1 AND EB-2 FORM I-140 PETITIONS

USCIS to Implement Third Phase of Premium Processing Expansion for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions - Younossi Law, PC USCIS is implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications. Similar to the first phase and second phase of the expansion, this phase only applies to ...

FY2023 H-1B CAP APPEARS TO HAVE BEEN REACHED
https://younossi.com/fy2023-h-1b-cap-appears-to-have-been-reached/

FY2023 H-1B CAP APPEARS TO HAVE BEEN REACHED - Younossi Law, PC USCIS has apparently received a sufficient number of petitions needed to reach the statutory 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption for fiscal year (FY) 2023. We anticipate an agency announcement shortly. Over the past several days, we have received non-...

USCIS to Implement Second Phase of Premium Processing Expansion for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

AILA - USCIS to Implement Second Phase of Premium Processing Expansion for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions Beginning August 1, 2022, USCIS will accept premium processing requests for pending E13 multinational executive and manager petitions received on or before July 1, 2021, and for E21 NIW petitions received on or before August 1, 2021. The new version of Form I-907, dated 05/31/22, must be used.

IT IS POSSIBLE FOR YOU, AS AN AMERICAN CITIZEN, TO ASSIST A FAMILY MEMBER LIVING IN ANOTHER COUNTRY TO BECOME A LEGAL PERMANENT RESIDENT OF THE UNITED STATES VIA THE ACQUISITION OF WHAT IS OFTEN KNOWN AS A “GREEN CARD.”

Sponsoring Your Family Members for Immigration to the United States: A Step-by-Step Guide - Younossi Law, PC IT IS POSSIBLE FOR YOU, AS AN AMERICAN CITIZEN, TO ASSIST A FAMILY MEMBER LIVING IN ANOTHER COUNTRY TO BECOME A LEGAL PERMANENT RESIDENT OF THE UNITED STATES VIA THE ACQUISITION OF WHAT IS OFTEN KNOWN AS A “GREEN CARD.” #...

FY 2023 H-1B Cap Season Updates --- On March 29, 2022, U.S. Citizenship and Immigration Services announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap).

FY 2023 H-1B Cap Season Updates - Younossi Law, PC H-1B Initial Electronic Registration Selection Process Completed On March 29, 2022, U.S. Citizenship and Immigration Services announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B numerical allocations (H-1B cap)...

USCIS STRONGLY ENCOURAGES CERTAIN I-485 APPLICANTS TO REQUEST A TRANSFER OF THE UNDERLYING BASIS, IF ELIGIBLE.

USCIS Strongly Encourages Certain I-485 Applicants to Request a Transfer of the Underlying Basis, If Eligible. - Younossi Law, PC On January 21, 2022, USCIS posted an alert announcing that there is an “exceptionally high number” of employment-based visas available this fiscal year (October 2021 through September 2022). Specifically, there are many more visas available in the first and second employment-based categories tha...

Younossi Law is proud to be included in the 2022 Best Lawyers® and U.S. News & World Report. Firms included in the 2022 edition are recognized for professional excellence with consistently impressive ratings from clients and peers.

The White House will lift COVID-19 travel restrictions for fully vaccinated international visitors starting Nov. 8. The U.S. first placed a travel ban on anyone coming from China and it was then extended by the Trump and Biden administrations to other countries. Under the current rules, many non-U.S. citizens and non-U.S. legal permanent residents are not allowed into the U.S. if they have been in the U.K., most EU countries, China, India, Iran and Brazil in the past 14 days. In addition, the current rule required individuals to apply for a National Interest Exception (“NIE”) to secure a nonimmigrant visa at the US Consulate and/or bypass the 14-day quarantine requirement when entering from one of the countries subject to the travel ban.

United States to Lift Longstanding Travel Restrictions - Younossi Law, PC The White House will lift COVID-19 travel restrictions for fully vaccinated international visitors starting Nov. 8. The U.S. first placed a travel ban on anyone coming from China and it was then extended by the Trump and Biden administrations to other countries. Under the current rules, many non-U.S...

F1 students are no longer required to submit subsequent applications to ‘Bridge the Gap’ for change of status to F-1

F1 students are no longer required to submit subsequent applications to ‘Bridge the Gap’ for change of status to F-1 - Younossi Law, PC On July 20, 2021, USCIS announced a new policy that will bring relief to those who file change of status applications to F-1 status. Under the new policy, approved F-1 change of status applications will be effective the day USCIS approves the application. Prior to this policy, individuals were requi...

Younossi Law is proud to announce yet another year of its inclusion in Best Lawyers, a peer reviewed process that recognizes excellence in the practice of law for more than thirty years.

Immigrant Visa Backlog Discussion with Neal Vermillion
Division Chief Visa Office, Bureau of Consular Affairs, Department of State

Immigrant Visa Backlog Discussion with Neal Vermillion - Younossi Law, PC Immigrant Visa Backlog Discussion with Neal Vermillion Division Chief Visa Office, Bureau of Consular Affairs, Department of State

On May 20, 2021, USCIS determined that for June 2021, F2A applicants may file using the Final Action Dates chart. Applicants in all other family-sponsored preference categories must use the Dates for Filing chart.

Visa Bulletin for June 2021 - Younossi Law, PC On May 20, 2021, USCIS determined that for June 2021, F2A applicants may file using the Final Action Dates chart. Applicants in all other family-sponsored preference categories must use the Dates for Filing chart. Applicants in all employment-based preference categories must use the Final Action Dat...

USCIS recently posted the following updates relating to policy on facial coverings: Everyone 2 years of age or older who has not been fully vaccinated must wear facial coverings. A person is considered fully vaccinated two weeks after receiving the last recommended dose of vaccine.

Updated Facial Coverings Policy at USCIS Field Offices - Younossi Law, PC AILA notes that although the USCIS website still notes that a person with a temperature of 100.4 F or higher must leave USCIS field offices and asylum offices, in some field offices temperature checks are no longer being conducted prior to entry.

On May 14, 2021 we were advised that President Biden revoked Presidential Proclamation 9945 of October 4, 2019, which suspended the entry of immigrants who would financially burden the U.S. healthcare system. In his proclamation, Biden noted that Proclamation 9945 “does not advance the interests of the United States.”

President Biden Revokes Healthcare Insurance Proclamation - Younossi Law, PC On May 14, 2021 we were advised that President Biden revoked Presidential Proclamation 9945 of October 4, 2019, which suspended the entry of immigrants who would financially burden the U.S. healthcare system. In his proclamation, Biden noted that Proclamation 9945 “does not advance the interests o...

DOL Further Delay of Effective Date of Final Rule on Computation of Prevailing Wage Levels

DOL Further Delay of Effective Date of Final Rule on Computation of Prevailing Wage Levels - Younossi Law, PC Younossi Law provides comprehensive family-based and employment-based immigration representation throughout the United States, with focus on Northern California and the Bay Area, including San Francisco County, San Mateo County, Santa Clara County, Alameda County, East Bay, North Bay, South Bay, the...

USCIS Response to COVID-19 https://bit.ly/2RmnrrU

USCIS Response to COVID-19 - Younossi Law, PC Effective May 17, 2021, USCIS will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539 to request an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. The suspension will apply through May 17, 2023.

National Interest Exceptions For Certain Travelers From China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, And Ireland https://bit.ly/3eHULm9

National Interest Exceptions for Certain Travelers from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland - Younossi Law, PC Effective April 26, 2021, the State Department published its expansion of national interest exceptions (NIE) to for Brazil, China, Iran, and South Africa. 

USCIS To Suspend Biometrics Requirement For Certain I-539 Applicants Beginning May 17, 2021
https://younossi.com/uscis-to-suspend-biometrics-requirement-for-certain-i-539-applicants-beginning-may-17-2021/

USCIS to Suspend Biometrics Requirement for Certain I-539 Applicants Beginning May 17, 2021 - Younossi Law, PC On May 3, 2021, USCIS announced, through a declaration submitted in the Edakunni v. Mayorkas litigation, that it will suspend the biometrics requirements for certain I-539 applicants for a two-year period beginning on May 17, 2021. The biometrics suspension will apply to the H-4, L-2, and E-1, E...

USCIS Reinstates Deference to Prior Nonimmigrant Petition Adjudications
https://younossi.com/uscis-reinstates-deference-to-prior-nonimmigrant-petition-adjudications/

USCIS Reinstates Deference to Prior Nonimmigrant Petition Adjudications - Younossi Law, PC On April 27, 2021, USCIS is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts. With th...