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USCIS Issues Final H-1B Simeio Guidance

USCIS Issues Final H-1B Simeio Guidance

 

On Tuesday, USCIS issued final guidance on a recent decision requiring new H-1B petitions for workers who change job sites, stating the agency will generally not punish employers that don’t file new petitions based on location changes that occurred before April 9. According to the new guidance, if an H-1B employee was moved to a new location on or before April 9, which is the date the Administrative Appeals Office handed down its decision in the Matter of Simeio Solutions LLC, the agency will generally not pursue adverse actions, even if the employer doesn’t file an amended petition. 

However, USCIS will not cancel any adverse actions that it has already started or completed before July 21. 

USCIS Resuming Premium Processing for H-1B Extensions

USCIS Resuming Premium Processing for H-1B Extensions

 

On May 26, 2015, USCIS temporarily suspended its 15-day premium processing service for Form I-129 H-1B extension of stay petitions. The purpose of this suspension was to allow the agency to implement its final rule regarding employment authorization for certain H-4 spouses. 

While USCIS originally suspended the premium processing service until July 27, 2015, the agency announced yesterday that it would once again resume the service for H-1B extension of stay petitions. All H-1B extension of stay petitions requesting this service between May 26, 2015 and July 12, 2015 were rejected by USCIS. 

U.S. Embassy in Cuba to Reopen

U.S. Embassy in Cuba to Reopen

 

President Barack Obama recently announced that the United States and Cuba will soon reopen embassies in each other’s countries. U.S. Secretary of State John Kerry will travel to Cuba later this summer to take part in re-establishing the embassy there. While diplomatic relations are set to be re-established on July 20, there is not a firm date set for either country’s opening ceremony or Kerry’s travel. 

The new embassies will also provide a new way to obtain visas or passports. The embassies will replace the current arrangement where consular services are provided by the U.S. and Cuban Interests Sections of the Swiss embassies in Havana and Washington, respectively. 

USCIS Issues Warning Regarding Caller ID Scam

USCIS Issues Warning Regarding Caller ID Scam

 

USCIS recently released a statement warning about fraudulent phone calls from individuals posing as USCIS officials. Using a technique called “Caller ID spoofing,” sophisticated scammers have been making calls using Caller ID aliases that display misleading or inaccurate phone numbers. During these phone calls, the scammers have been requesting personal information and identifying “issues” in the call recipient’s immigration records. They then make threats (e.g. deportation) and often demand that the call recipient makes a money transfer to correct these issues. Even worse, many of these scammers already possess the personal information of their targets.

Notifying USCIS of a Change of Address

Notifying USCIS of a Change of Address

 

Nearly every alien holding status in the U.S is required to inform USCIS of a change of address to a new non-temporary residence. Specifically, aliens residing in the U.S. are required to report this change within 10 days of relocating within the U.S. The only individuals who are exempt from this rule include diplomats, official government representatives to an international organization, and certain nonimmigrants who do not possess a visa and who are physically present in the U.S. for fewer than 30 days. 

If you fall within one of the following categories, you are legally obligated to comply with the requirements below:

Visa Issues Continue as Experts Try to Restore System

Visa Issues Continue as Experts Try to Restore System

 

As we reported last week, the Bureau of Consular Affairs continues to face technological issues with its visa systems. The Department of State (DOS) posted a statement yesterday that it endeavors to have the system fully reconnected this week. As of noon yesterday, 22 posts around the world have been reconnected. This represents approximately half of the global nonimmigrant visa volume. 

The agency stated that it has made good progress as it processes the large backlog of cases created by the system shutdown. Some posts were able to handle visa interviews as well as some visa printing by the end of last week. Several posts have also begun rescheduling visa appointments. 

Berardi Immigration Law Names Gabriella Agostinelli Associate Attorney

Berardi Immigration Law Names Gabriella Agostinelli Associate Attorney

 

Berardi Immigration Law is pleased to announce that Gabriella Agostinelli has been promoted to the position of Associate Attorney.

Agostinelli joined Berardi Immigration Law as a Law Clerk in 2014. She received her Juris Doctor from the SUNY Buffalo Law School in 2014 and Bachelor’s Degrees in International Business and International Relations from Canisius College in 2011.