Immigration Update with Lin Walker

In recent months, we have seen an increase in the number of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) issued by U.S. Citizenship and Immigration Services in connection to Form I-140, Immigrant Petitions for Alien Worker, (I-140 Petition) filed by U.S. employers on behalf of foreign national employees, which is a required step in the employment-based lawful permanent resident (LPR) process.

We have noticed that many of the issues raised by USCIS seem to be the result of corporate changes or business losses that occurred in response to the COVID-19 pandemic.

We recently received two extensive I-140 Petition RFEs, one of which resulted in a NOID, where we were able to successfully advocate on behalf of our clients to get the cases approved.

In this podcast we will dissect the criteria required for the O-1A visa, which is reserved for individuals of extraordinary ability in the sciences, education, business or athletics.

While most companies and foreign nationals are familiar with the H-1B, L-1A, L-1B and TN employment-based nonimmigrant visa classifications, the O-1A visa classification is not as well known or understood, quite possibly because eligibility requirements seem too lofty or high.

In this week's podcast we explain a bit about the requirements and the process Meyner and Landis has developed to prepare and file successful petitions for O-1A visa classification on behalf of our clients.

If you have not yet filed your H-1B registrations, do not despair, as you have about another 5 days to do so. But you might want to put filing at the top of your to-do list this week!

On this episode of the Immigration Update podcast, we want to help out by providing you with some tips to navigate this challenging administrative process.

In this episode, immigration partner Lin Walker discusses several ways in which Meyner & Landis has been successful in securing expedited nonimmigrant visa appointments and immigration benefits through judicious and zealous advocacy on behalf of her clients.

This week we present part 3 of our STEM talent updates.

This episode focuses on the new immigration policies directly impacting foreign nationals seeking employment-based immigrant visa classification as individuals whose work is in the national interest of the United States.

This week we received two really good questions about the upcoming H-1B Registration for Fiscal Year 2023.

“When does the H-1B Registration start this year?”

“My prospective H-1B employer has three (3) subsidiaries in the United States.

Is it okay for my prospective employer and all three subsidiaries to each file an H-1B registration for me?”

On January 24, 2022, our podcast Extended Immigration Benefits for STEM Talent detailed the extended immigration benefits for F-1 and J-1 visa holders who are studying or working in the science, technology, engineering and mathematics (“STEM”) fields.

This week we have part two to that update which focuses on the new immigration policies directly impacting O-1A individuals of extraordinary ability.

We answer your questions:

• My H-1b status expires July 1st. My husband's H-4 status and H-4 EAD also expires March 1st. If my H-1b extension is filed with Premium Processing, will that expedite his EAD?

• My H-1B registration was selected in the third round, what is my deadline to file?

• My H-1B was filed under the U. S. Masters cap exemption. My employer and their attorney are filing under the regular cap. Why?

This week we have a very quick but very encouraging update of importance to those in the fields of science, technology, engineering or mathematics.

On January 21, 2022, the Biden-Harris Administration issued a Fact Sheet entitled, “Biden-Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness,” (called the “Biden-Harris Initiative”), which announced several new policies aimed at attracting and retaining international talent in the science, technology, engineering and mathematics (what are called the “STEM”) fields.

The Lightning Round Q&A is a chance for you to ask us your pressing employment and family based immigration questions.