Latest news with #FormI-129
Hindustan Times
4 days ago
- Business
- Hindustan Times
Fired from your job? Here's what thousands of H-1B workers can do
The immigrant employee post-termination guide has been shifted to the digital archives of the United States Citizenship and Immigration Service (USCIS) which suggests that even though it may no longer be applicable in the same manner, it's still available to refer to those recently fired from their jobs. When a non-immigrant worker's employment ends, either by choice or force, they typically either become beneficiaries of a nonfrivolous petition to change employer or file an application for change of nonimmigrant status, adjustment of status, or a 'compelling circumstances' employment authorization document. ALSO READ| What is USCIS's new policy for green card applicants starting from 11 June? Here's a rundown One of these actions is required to be taken during the 60-day grace period extended to recently unemployed nonimmigrants and is usually calculated based on the last day a salary or wage is paid. Failure to take any action during this period can result in a person being forced to leave the country either once the period ends or on their authorization date, whichever option is closer. The grace period is usually provided to help beneficiaries look for suitable alternative employment or allow their spouses to continue their job roles if they carry an Employment Authorization Document or are employment-authorized incident to status. H-1B visa holders caught up in such a situation can start their new job role as soon as their employer files Form I-129, rather than waiting for it to be approved. However, those filing for jobs in different classifications need to wait for approval which takes less than 15 business days to come through. Those under the grace period are not permitted to leave the country. Failure to comply may require them to seek a new immigration status for re-entry. In the circumstance of a non-immigrant worker being outside the country at a time when the notice period has ended, the grace period is no longer applicable. If the person returns before the lapse of their notice period, a discretionary grace period may be provided. Students in the US on a 24-month Science, Technology, Engineering, and Mathematics (STEM) OPT cannot acquire more than 150 days of unemployment during this period, including the post-completion phase and 24-month extension. Those on an F-1 visa cannot acquire more than 90 days of unemployment during post-completion of OPT since their visa status is attached to their employment. ALSO READ| Demand for H1-B visa continues, USCIS receives over 3.5 lakh registrations in FY26 The 60-day grace period is only applicable to those holding E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents).
Time Business News
22-05-2025
- Business
- Time Business News
Breaking Down the O1 Visa Requirements: A Pathway for Extraordinary Talent
The United States continues to attract global leaders, innovators, and creators through its immigration policies—particularly those designed to welcome individuals with exceptional abilities. One of the most prestigious and strategic visa options for such individuals is the O1 visa. However, gaining approval isn't simple. Understanding the full scope of the O1 visa requirements is critical for professionals hoping to live and work in the U.S. based on their distinguished achievements. Whether you're an accomplished scientist, renowned artist, elite athlete, or industry trailblazer, the O1 visa offers a direct route to pursue your work in the U.S.—without many of the limitations tied to other employment-based visas. But this opportunity comes with strict qualification standards and documentation demands. The O1 visa is a non-immigrant visa for individuals who possess 'extraordinary ability' in the sciences, arts, education, business, or athletics—or who have a demonstrated record of extraordinary achievement in the motion picture or television industry. There are two main categories: O-1A: For individuals in sciences, education, business, or athletics O-1B: For individuals in the arts or in the motion picture/TV industry O1 visa holders can work in the U.S. temporarily for the specific employer or agent who files their petition. To qualify, the applicant must prove they have extraordinary ability, which means a level of expertise indicating that the person is one of a small percentage who has risen to the very top of their field. Applicants must provide evidence of either: A major, internationally recognized award (e.g., Nobel Prize, Oscar, Olympic medal), or or At least three of the following criteria, such as: Receipt of nationally or internationally recognized awards Membership in associations that require outstanding achievement Published material about the individual in professional or major trade publications Original contributions of major significance in the field Authorship of scholarly articles A high salary or other significantly high remuneration Participation as a judge of others in the field Employment in a critical or essential capacity for organizations with a distinguished reputation The bar is high—but not unattainable. Success depends on not only the applicant's accomplishments, but also how well those achievements are documented and presented. Petitioner or Agent: Unlike self-petitioned categories like EB-1A or NIW, the O1 requires a U.S. employer or agent to sponsor the applicant. Advisory Opinion: A written consultation from a peer group or labor organization is required to verify the legitimacy of the applicant's extraordinary ability. Form I-129 Filing: The sponsor must submit Form I-129, along with detailed documentation about the applicant's background, upcoming work in the U.S., and evidence supporting their eligibility. USCIS Review: The agency evaluates the evidence and may issue a Request for Evidence (RFE) if clarification is needed. Approval and Duration: The O1 visa is typically granted for the duration of the event, up to three years initially, with one-year extensions allowed. Even highly qualified individuals may face delays or denials due to avoidable errors. Here are some common pitfalls: Weak evidence formatting: Poorly organized or vague documentation can lead to RFEs. Lack of advisory letter: Missing or weak third-party evaluations are red flags for USCIS. Improper petitioner: Using the wrong legal structure for agents or employers can invalidate a case. Overlapping engagements: Applicants working for multiple clients must demonstrate that all engagements are tied together under a central agent. No annual cap: Unlike H-1B, there's no lottery or limit on the number of O1 visas issued each year. Dual intent: While technically non-immigrant, O1 holders can later apply for a Green Card without jeopardizing their status. Spouse and children support: O1 visa holders can bring dependents on O-3 visas, though spouses cannot work. Custom duration: Tailored to the length of the project or event, making it ideal for performers, researchers, and consultants. Many successful O1 visa holders eventually seek permanent residency through the EB-1A Extraordinary Ability category or EB-2 NIW (National Interest Waiver). While O1 and EB-1A have similar criteria, Green Card petitions demand more sustained evidence of achievement. Planning early can ensure a smoother transition. Whether you're a groundbreaking artist, a trailblazing scientist, or an executive launching projects across borders, meeting the O1 visa requirements is just the beginning. How you present your case—and who represents you—can be the deciding factor. Kulen Law Firm has helped hundreds of extraordinary professionals and creators secure O1 visa approvals and long-term immigration solutions. With over 15 years of experience in U.S. immigration law, their team offers strategic, detail-oriented support for talent-driven immigration cases worldwide. TIME BUSINESS NEWS
Time of India
27-04-2025
- Politics
- Time of India
‘Adverse Information' claims by USCIS trigger alarm bells for attorneys and H-1B community
A new request from the US Citizenship and Immigration Services (USCIS) while processing H-1B visa applications (Form I-129) and also while processing applications for employment-linked green cards is perplexing attorneys and H-1B beneficiaries who are sponsored for the visa or green card. The spate of inquiries from USCIS has gained momentum over last week. 'The request for evidence (RFE) states: We have encountered potentially 'adverse information' related to the beneficiary. To continue processing your application or petition, we require an updated address for the beneficiary so that we may collect biometric data. Please submit the beneficiary's current and updated residential address.' This has prompted the American Immigration Lawyers Association (AILA) to issue a 'Practice Alert' for its members and also to reach out to USCIS. It has reminded the immigration agency that if it does have any adverse information, it is required to disclose the same and provide the petitioner with an opportunity to respond. Kripa Upadhyay, immigration attorney at Buchalter, states 'USCIS is breaking the law. Regulations require it to disclose any derogatory information being used as a basis for an adverse decision. These RFE's provide no information or indication of what the 'adverse information' is.' by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Google Brain Co-Founder Andrew Ng, Recommends: Read These 5 Books And Turn Your Life Around Blinkist: Andrew Ng's Reading List Undo Cyrus D. Mehta, a New York based immigration attorney echoed the same and added, 'It is bizarre and again one wonders whether this is an AI program that has gone rogue.' Vincent W. Lau, managing partner at Clark Lau, who is the Vice-chair at AILA's 'USCIS Benefits and Policy Committee' told TOI, 'An official answer is still awaited from USCIS. Anecdotally from AILA member reports, we surmise that the 'adverse' information may include prior police activity and USCIS may be trying to use biometrics to verify the identity of the individual.' 'Some of the RFE's seem to be because of prior infractions including working without authorization, but I also have some clients who have had this added to their RFE's without any prior infractions,' said Upadhyay. While biometrics are collected in several cases, such as citizenship, green cards, employment authorisation, or when applying for visas at consulates abroad, immigration attorneys are also puzzled as H-1B visa holders have not normally been required to submit to biometrics. 'I would not say therefore that it is illegal to request biometrics of H-1B beneficiaries but it has not been part of the petition process. If indeed this is a new trend, practitioners have not received any notice of this and therefore, with the uncertainty and unpredictability in the immigration space right now, it is unsettling. Practitioners and their clients are not sure whether there is more to the request. Is this just a simple request for biometrics or is there more behind the request? Should an individual be concerned and what can one expect when appearing to submit biometrics?, ' states Lau. Meanwhile, in social media groups of H-1B holders, the fear is palpable: Will I be detained by ICE if I go for my biometric appointment? As of now, there are no answers.
India Today
25-04-2025
- Business
- India Today
H-1B visa fraud lands Indian-origin man in prison in US
An Indian-origin man was sentenced to 14 months in prison for large-scale H-1B visa fraud in the US. As co-founder of a firm, Nanosemantics, Kishore Dattapuram provided skilled workers to Bay Area tech companies, earning commissions. Other than the prison term, California-based Dattapuram will also have to serve three years of supervised firm's scheme aimed to secure visas for candidates before jobs were available, which gave it an unfair advantage over 55, is based in Santa Clara, California. Dattapuram and two Indian-origin men pleaded guilty to charges of visa fraud and conspiracy in three, including Kumar Aswapathi (55) and Santosh Giri (48), were charged with one count of conspiracy to commit visa fraud and 10 counts of substantive visa fraud in an indictment filed on February 28, addition to the prison term, Judge Davila also ordered Dattapuram to serve three years of supervised release, forfeit $125,456.48, and pay a fine of $7,500 and a $1,100 special assessment fee, the US Attorney's Office said in a statement issued on Monday, April WORKED WITH CO-DEFENDANTS TO SUBMIT FRAUDULENT APPLICATIONSDattapuram was a co-founder of Nanosemantics, Inc, a staffing firm based in San Jose that provided skilled workers to Bay Area tech companies. Nanosemantics earned a commission for each worker it placed with a client firm received a commission for workers placed at client companies. Nanosemantics regularly submitted H-1B petitions for foreign workers so that they could obtain temporary authorisation to live and work for employers in the secure an H-1B visa, an employer must submit a Form I-129 petition to US Citizenship and Immigration Services (USCIS). This petition, along with other documents, must confirm that a job is available for the worker, specify its duration, and include key details such as worked with his co-defendants to submit fraudulent H-1B applications that falsely represented that foreign workers had specific jobs waiting for them at designated end-client companies, when in fact the jobs did not exist, the statement SCHEME GIVES NANOSEMANTICS EDGE OVER COMPETITORSOn multiple occasions, Dattapuram paid companies to be listed as end-clients for foreign workers, even though he knew the workers would never work for those the defendants admitted, the goal of the scheme was to allow Dattapuram's firm, Nanosemantics, to obtain visas for job candidates before securing jobs for them. That allowed Nanosemantics to place those workers with employers as soon as those jobs were available, rather than waiting for the visa application process to conclude -- giving the firm an unfair advantage over its Watch
Express Tribune
01-04-2025
- Business
- Express Tribune
USCIS starts FY26 H-1B petition filing with higher fees and new rules
Listen to article The United States Citizenship and Immigration Services (USCIS) has completed the initial lottery for H-1B visas for fiscal year 2026, setting the stage for petition filing to begin today, April 1, 2025. This year, USCIS received enough electronic registrations to meet the required quotas for both the regular and master's caps. The agency confirmed that it has randomly selected enough beneficiaries to proceed with the next phase of the process. Prospective petitioners with selected beneficiaries have been notified and can now file their H-1B cap-subject petitions. The filing process opens today, with petitioners required to submit their applications within a 90-day window. Only those with selected registrations are eligible to submit petitions, and these must be filed online or at the appropriate locations, as indicated in the selection notice. The designated filing window will be open for at least 90 days, ensuring employers have sufficient time to prepare their applications. To complete their petition filings, employers must submit Form I-129 (Petition for a Nonimmigrant Worker) along with supporting documentation, including a certified Labor Condition Application (LCA), evidence that the offered position qualifies as a specialty occupation, and proof that the beneficiary meets the educational and work experience requirements for the position. Petitioners must also provide a copy of the beneficiary's passport or travel document used at the time of registration. Importantly, USCIS has reminded applicants that being selected in the lottery does not guarantee that the petition will be approved. Selection only grants eligibility to file a petition, and the USCIS will thoroughly review each petition to ensure that it meets the legal and regulatory requirements. Changes and Fee Increases In addition to the filing process, USCIS has introduced significant changes and fee hikes for fiscal year 2026. One of the most notable changes is the substantial increase in the H-1B registration fee, which has jumped from $10 to $215 for the upcoming fiscal cycle. Employers must now factor this increased fee into their application costs. Furthermore, filing fees for Form I-129 petitions have also seen a rise. Small employers and non-profits will now pay $780 for each petition, while large employers will face a fee of $1,385. A new $600 asylum program fee has also been introduced for larger companies, though the $500 fraud prevention and detection fee remains unchanged. These increases, combined with stricter compliance requirements, are expected to put additional pressure on employers navigating the H-1B filing process. New Beneficiary-Centric Selection Process USCIS has implemented a new beneficiary-centric selection system this year, aimed at reducing fraud and improving fairness. Under the new process, each beneficiary is entered into the lottery only once, regardless of how many employers register them. This system is designed to curb duplicate entries and ensure that each individual has an equal chance in the lottery, regardless of the number of employers that wish to sponsor them. The new system follows an increased emphasis on compliance and integrity, which has led to stricter scrutiny of the petitions. USCIS will carefully review each petition to ensure that the position being offered qualifies as a specialty occupation and that the beneficiary meets the necessary qualifications. Failure to meet these standards could result in petition rejections or requests for additional evidence. What Happens After Filing Once the petitions are filed, USCIS will review them to determine whether they meet all requirements. The agency may approve petitions, deny them, or issue a Request for Evidence (RFE) if additional information is needed to make a decision. Employers are encouraged to submit complete and accurate documentation to avoid delays. In cases where petitions are rejected, withdrawn, or denied, USCIS may hold a second lottery round later in the year to fill any remaining slots for the H-1B cap. Looking Ahead The increase in filing fees and the new beneficiary-centric system reflect USCIS's commitment to enhancing the integrity of the H-1B visa process while ensuring that employers and petitioners comply with the program's requirements. With the petition filing process now open, employers and potential H-1B beneficiaries face the challenge of navigating a more competitive and costly visa process. For those who are selected in the lottery, the next steps include ensuring that all documentation is complete and accurate before submission. The filing deadline is just the beginning, and petitioners must continue to meet all USCIS standards to increase their chances of securing approval.
