Benjamin, Gold & Troyb, P.C. | News / Blog - BENJAMIN, GOLD & TROYB, P.C.

H-1B Visa Lottery Selections Announced for FY2023

3/29/2022

H-1B Visa Lottery Selections Announced For FY2023

USCIS just announced that they have completed the lottery for H-1B registrations for this fiscal year, and have sent out notifications to those selected in the lottery. The selected applicants can file H-1B petitions starting on April 1, 2022.

For those who were selected - congratulations! It is estimated that you are the lucky 25% of those that registered this year. If you did not work with an attorney to file the registration, now is a good time to engage with a qualified immigration attorney to complete the process for you.

The next steps in the process include:

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Extending ESTA/Visa Waiver Participants (VWP) Periods Of Admission Due To Inability To Depart The US Related To Coronavirus (COVID-19)

3/16/2020

Extending ESTA/Visa Waiver Participants (VWP) Periods of Admission due to inability to depart the US related to COVID-19.

Note: As of this writing, this blog only applies to individuals who were admitted to enter the United States through John F. Kennedy International Airport in New York, New York and Newark Liberty International Airport in Newark, New Jersey.

As the Coronavirus (COVID-19) is continuing to impact travel and daily lives across the United States (US), travelers who legally entered the US by way of the ESTA/Visa Waiver program (VWP) may find themselves unable to depart the U.S, before their current period of admission will end. Earlier today, U.S. Customs and Border Protection (CBP) Deferred Inspections sites at John F. Kennedy International Airport in New York, New York and Newark Liberty International Airport in Newark, New Jersey provided guidance to individuals who find themselves in this situation.

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New Policies And Technology Present Problems For People Who Overstay A Visa

4/30/2019

New Policies And Technology Present Problems For People Who Overstay A Visa

Turn on the news or open a national newspaper, and there will be a story about immigration issues. And while reasonable people can debate whether or not illegal border crossing present a crisis, the fact remains that the majority of new people who are without lawful status in our country each year are people who came in legally, but who have overstayed a permitted visit. Several administrations have tried to find ways to address visa overstays, but how can the government initiate removal proceedings against someone who is under the radar? It appears as though they are finding ways.

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USCIS Delays Reach Crisis Levels

1/31/2019

Earlier today, the American Immigration Lawyers Association (AILA) released a policy brief that analyzes recently published U.S. Citizenship and Immigration Services (USCIS) data. AILA's analysis revealed crisis-level delays in the agency's processing of applications and petitions for immigration benefits under the Trump administration.

Analyzing agency data from fiscal years (FY) 2014 through 2018, AILA found:

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New "Must Know" Rules For F, J and M Visa Holders

7/13/2018

On May 10, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum will soon impact F, J and M visa holders. The new policy changes when and how immigrants with these types of visas begin to accrue "unlawful presence" in the United States.

By way of background, generally, F visas are issued to students, J visas are issued to exchange visitors, and M visas are issued to vocational students. All are non-immigrant visas.

What is unlawful presence?

Unlawful presence is that amount of time a person remains in the United States (US) after the expiration of his or her approved visit, as listed on their Admission Record (Form I-94). When a person enters the US on a visa, they are generally inspected by a U.S. Customs and Border Protection (CBP) agent at the port of entry (most often an airport). When their passport and visa are examined, the CBP agent determines a date by which the non-immigrant must leave the U.S., and he or she will issue an Admission Record that provides proof of someone’s lawful record of admission. That form (which is now electronic) also contains the date by which the visitor must leave.

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Termination of Temporary Protected Status for Guinea, Liberia and Sierra Leone

4/19/2017

Termination of Temporary Protected Status for Guinea, Liberia and Sierra Leone

Earlier today, The U.S. Citizenship and Immigration Services issued a reminder that the designations of Temporary Protected Status (TPS) for Guinea, Liberia, and Sierra Leone will terminate effective May 21, 2017.

To provide sufficient time for an orderly transition, the Department of Homeland Security gave beneficiaries under these three designations 8 months advance notice of the expiration by publishing 3 notices in the Federal Register on Sept. 22, 2016 (one for each country). These notices urged individuals who did not have another immigration status to use the time before the terminations became effective in May to prepare for and arrange their departure from the United States or to apply for other immigration benefits for which they may be eligible.

Individuals from Guinea, Liberia, and Sierra Leone who currently have TPS are encouraged to consult with an immigration attorney to learn more about their status and the impact this termination of TPS will have on their immigration status.

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USCIS Suspends Premium Processing For All H1-B Petitions

3/5/2017

USCIS Suspends Premium Processing of All H1-B Petitions

On Friday, March 3, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend premium processing for all H-1B petitions filed on or after April 3, 2017. At present, USCIS believes that this suspension may last up to 6 months.

While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification.

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USCIS Announces FILING Fee Increases

10/28/2016

USCIS Announces Fee Increases

Earlier today, U.S. Citizenship and Immigration Services (USCIS) announced a final rule published in the Federal Register adjusting the fees required for most immigration applications and petitions. The new fees will be effective December 23, 2016.

The final rule contains a table summarizing current and new fees. The new fees will also be listed on the Our Fees page of the USCIS website. Please note that Form G-1055 will not reflect the new fees until the effective date. Applications and petitions postmarked or filed on or after December 23, 2016 must include the new fees or USCIS will not be able to accept them.

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Scam Alert: USCIS Warns of New Immigration Scam

8/26/2016

Earlier today, the U.S. Citizenship and Immigration Services (USCIS) issued a warning to immigrants in connection with a number of immigration scams that are targeting legal, as well as undocumented, immigrants. Specifically, scammers pretend to be government officials and call immigrants telling them that there is a problem with their immigration records. Sometimes the scammers have personal information about the immigrant when they call. They ask for personal and sensitive details, and demand immediate payment of fines (purportedly to fix the problem). The scammers often get angry and threaten people with deportation if payment is not made immediately with electronic money transfers. More than that, it appears that these scammers use special software to make it look like the call is coming from an official 800 number used by USCIS. Other times, they leave a message to call a number that sounds exactly like the 800 number used by USCIS.

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Daniel A. Benjamin [Partner]
Aleksandr Y. Troyb [Partner]
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Michelle A. Ross [Of Counsel]
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Ronald M. Gold [Retired]
Leo Gold [Retired]

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