Breaking News 07.16.2015

Attention Registered Nurses and Nurse Employers!

Great news: The Employment Based Third (EB 3) is now within a few days of being "current" for all countries of birth except Philippines, India and China. This means that registered nurses can now be easily and quickly sponsored for permanent residence. Historically, this has been a real problem for all RN's, except those from Mexico and Canada, since other nationalities could not easily obtain a work visa, making them incapable of remaining work authorized during the long wait time in the EB 3 category. Now, nurses on Optional Practical Training and even those with no work authorization, but who are here in some other legal status (such as H 4 dependent) can be sponsored for PR. In order to qualify for sponsorship, the nurse must complete the Visa Screen requirements which can be found at cgfns.org. These requirements are particularly easy for US-educated nurses. Please contact our office if you have questions regarding the process.

Three-Year EAD ("Work Permit") Cards Must Be Returned to USCIS as Soon as Possible

An EAD card, commonly known as a "work permit" or "work authorization" card, provides foreign nationals with the ability to work legally. Most EAD cards are valid for two years at any given time. However, early in 2015, some EAD cards issued that were valid for three years. If you received one of these "three-year EAD," you should have received a letter from USCIS informing you that three-year EADs must be returned to USCIS as soon as possible, but no later than July 31, 2015. Failure to return three-year EAD within this time frame could result in the loss of DACA status, the loss of EAD, and/or a home visit by plain-clothed immigration officials. Home visits could start as early as the week of July 20.

EAD cards issued for two years remain valid and do not need to be returned. This notice only applies to individuals with a three-year card.

Check your letter from USCIS for more specific instructions. Some letters require that the foreign national must appear at the USCIS office in person, in which case, you must do so. As soon as USCIS receives the three-year EAD, you will be taken off the "home visit" list.

Please contact our office if you have questions regarding the process.

More information can be found here: http://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2015/07/14/aila-practice-alert-uscis-taking-extreme-measures-to-retrieve-erroneously-issued-3-year-daca-ead.aspx

USCIS Has Returned Unselected Fiscal Year 2016 H-1B Cap-Subject Petitions

Most H-1B petitions are subject to the annual "cap" of 65,000 H-1B visas. The cap numbers are picked via a computer-generated random selection process. For "cap-subject" H-1B petitions submitted between April 1 and April 7, 2015, USCIS has completed processing and returning unselected H-1B petitions. If you submitted an H-1B petition between April 1 and April 7, 2015 and have not received a receipt notice or a returned petition by July 20, 2015, USCIS should be contacted.

USCIS Has Resumed Premium Processing for Extension of Stay H-1Bs

On July 13, 2015, USCIS resumed accepting "premium processing" for "extension of stay" H-1B petitions. Premium processing guarantees that USCIS will consider your petition with fifteen days. The USCIS fee for premium processing is $1,225 in addition to any other immigration fees.

Attorney Speaking Engagements

Ware|Immigration attorneys frequently present at regional and national conferences. They also have speaking engagements at various universities and corporations across the nations.

If you are interested in attending one of the presentations or inviting an attorney to speak at your business, please contact [email protected] to discuss possibilities.

Here are some of the upcoming engagements.

Ware|Immigration On the Web

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