All individuals traveling on a People's Republic of China issued passport bearing a 10-year B1/B2, B1, or B2 (visitor) visa are required to have a valid EVUS enrollment when traveling to the U.S. As of 11/29/16 these travelers will not be able to travel to the United...
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FOREIGN STUDENTS NOT SELECTED IN H1B CAP LOTTERY STILL HAVE OPTIONS
In recent years, the U.S. Citizenship and Immigration Services (USCIS) has implemented a program whereby a randomized lottery determines which applicants will be eligible for H1B cap petitions. The initial selection process for fiscal year 2022 has now come to an end. If your name was not selected in this lottery, what can you do?
Month: November 2016
I-140 Irrevocable after 180 days of approval
Employer cannot revoke I-140 after 180 days of approval; New rule Jan-17-2017Form I-140 petition validity. The final rule clarifies the circumstances under which an approved Immigrant Petition for Alien Worker (Form I-140 petition) remains valid, even after the...
Article: What It Will Take for President Trump to Deport Millions and Build the Wall
This Washington Post article explores what could happen if President Donald Trump sticks to the immigration pledges that he made during the campaign. AILA President Bill Stock discusses what it would take to deport the 11 million undocumented immigrants currently in...
USCIS Revised Form I-9 Published
https://www.uscis.gov/i-9-central/whats-new The Revised Employment Eligibility Verification Form I-9 (dated November 14, 2016) must be used starting January 22, 2017. Until then, employers may continue to use either the version dated March 8, 2013, or the new...
Muslim Spousal Sponsorship
K-3 Spousal petitions for Muslim spouse abroad. Since Donald Trump won the election will a spousal visa from a Muslim country be harder to get.Will people from Muslim countries have a harder time obtaining a spousal visa if they are married to US citizens since Donald...
President-Elect Trump what will happen to DACA
"When President-Elect Trump takes office what will happen to people with the DACA?" This question is being asked in U.S. immigration forums everywhere. We at Litwin & Smith understand your anxiety and assure you that we advocate to protect persons with DACA. While...
FY2017 H-2B Cap Count about 12,000 total to date of the 33,000 available
On 11/7/16, USCIS updated its H-2B cap count for FY2017, stating that it has approved 11,696 beneficiaries and has 1,113 pending beneficiaries towards the 33,000 cap amount.Cap Count for H-2B NonimmigrantsOnce the H-2B cap is reached, USCIS may only accept petitions...
New Form I-9 Coming
USCIS will publish a revised Form I-9, Employment Eligibility Verification soon. The revised form is expected by November 22, 2016. Employers may continue using the Form I-9 dated 03/08/2013 through Jan. 21, 2017. Assuming the new Form I-9 is published by Jan. 22,...
B-1/B2 to F-1 Change of Status Denials
Over the last several months we began receiving reports of denials of I-539 change of status applications from B-2 to F-1 despite the I-539 being timely filed. What was happening is USCIS delays required the school's DSO to defer the program start date in SEVIS prior...
IRS Individual Tax Identification Numbers Expire
There are two key groups of individuals whose IRS Individual Tax Identification Numbers Expire (ITIN). Those ITIN holders may need to renew an ITIN so it will be in effect for returns filed in 2017. The ITIN holders include: Unused ITINs. ITINs not used on a federal...
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