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

President Biden Announces "Uniting for Ukraine," a New Streamlined Process to Welcome Ukrainians Fleeing Russia's Invasion of Ukraine

4/21/2022

President Biden to Announce Uniting for Ukraine, a New Streamlined Process to Welcome Ukrainians Fleeing Russia's Invasion of Ukraine

Earlier today, President Biden announced "Uniting for Ukraine," a new streamlined process to provide Ukrainian citizens who fled from the war with Russia opportunities to come to the United States. In addition, the State Department is announcing increased refugee resettlement processing and broadened access to visa processing at consular posts overseas.

Uniting for Ukraine is a streamlined process for Ukrainian citizens who have been displaced by the war with Russia to apply for humanitarian parole in the United States. To be eligible, Ukrainians must

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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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Covid-19 Testing Requirement Temporarily Removed For Certain Individuals Traveling To The US From Ukraine

3/3/2022

Covid-19 Testing Requirement Temporarily Removed For Certain Individuals Traveling To The US From Ukraine

Several clients contacted us recently about family members who were able to exit Ukraine and are looking to fly to the United States with valid visas but cannot obtain a pre-departure Covid-19 test due to extenuating circumstances.

On February 15, 2022, the Secretary of Homeland Security, in consultation with the Centers for Disease Control and Prevention (CDC), determined that it is in the national interest of the United States to temporarily permit the entry of certain individuals who were physically present in Ukraine as of February 10, 2022 without the requirement that they provide proof of a negative Covid-19 test result prior to boarding a flight to the United States or to complete the attestation at Section 1 of the Combined Passenger Disclosure Attestation to the United States of America form. This temporary change is currently scheduled to remain in place until April 1, 2022 and applies to the following groups of individuals:

Status of US Consular Services in Kyiv, Ukraine

2/24/2022

Status of US Consular Services in Kyiv, Ukraine

Earlier this week, the United States Department of State (DOS) ordered the departure of most U.S. direct hire employees from Embassy Kyiv due to the continued threat of Russian military action. Prior to this, the DOS authorized the voluntary departure of U.S. direct hire employees and ordered the departure of eligible family members. The DOS has also suspended consular services (which include interview waiver services). Applicants for U.S. nonimmigrant visas may now apply in any country in which they are physically present and where there are appointments available. As each U.S. Embassy has specific application procedures, applicants should directly contact the US Embassy or Consulate where they wish to apply. Contact information for U.S. embassy and consulates is available at www.travel.state.gov.

If an applicant has an immigrant visa case currently pending with U.S. Embassy Kyiv and would like to transfer processing of an immigration case to another U.S. Embassy, they must contact the receiving U.S. Embassy in that country to authorize and initiate the transfer. The embassy will have a list of requirements which must be satisfied in order to begin the transfer process.

Our attorneys are available to answer questions about the situation and provide assistance.

MY.USCIS.GOV PORTAL FOR H-1B LOTTERY REGISTRATIONS OPENS ON FEBRUARY 21, 2022

2/21/2022

MYUSCIS.GOV PORTAL FOR H-1B LOTTERY REGISTRATIONS OPENS FEBRUARY 21, 2022

At noon today, February 21, 2022, USCIS opened the online system form H-1B lottery registrations to allow employers to create new Registrant Accounts on my.uscis.gov. If you are an employer hoping to sponsor an employee for an H-1B this year, now is the time to create your online account with USCIS. It is also a good time for employers with existing accounts to confirm that they still have access to that account.

There are a few practical tips to keep in mind when creating and maintaining my.uscis.gov registration accounts:

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PLANNING FOR THE H-1B VISA LOTTERY IN 2022 (FY2023)

1/12/2022

Planning for the H-1B Visa Lottery in 2022 (FY2023)

As the U.S. economy recovers from the effects of the global pandemic, many U.S. employers are struggling to find qualified employees. In light of this shortage, and with travel restrictions loosening, these employers often consider hiring workers from outside the U.S. What they find, however, is that the process to bring in a foreign worker is replete with strict deadlines and complex rules. With the time period to submit one of the most popular employment visa application (the H1-B) quickly approaching, we wanted to take a moment to address some of the most common questions we get regarding this process.

WHO SHOULD KNOW ABOUT THE H-1B VISA LOTTERY?

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How Does the U.S. Visitor Visa (B-1/B-2) Process Work?

7/30/2018

How Does the U.S. Visitor Visa (B-1/B-2) Process Work?

Depending on the country from which one is visiting, the process to get a U.S. visa can be long and involve documentation, expensive fees and a personal interview at an overseas Embassy or Consulate, or it can be a relatively easy process of completing an electronic application online. In both situations, however, the process can often result in confusion when someone receives their visitor visa which shows that it is valid for multiple years. That is because many visitor visas state that they are valid for ten years, while others show a relatively short duration (such as three months).

It is not uncommon for a visitor to misunderstand the rules, and mistakenly think that they can remain in the U.S. for the entire 10 years (or the shorter duration of their specific visa). That is not the case at all!

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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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America’s April Fools’ Lottery Is No Laughing Matter

2/17/2017

America's April Fools' Lottery Is No Laughing Matter

Many U.S. employers annually circle April 1 on their yearly calendar. This day marks the first day of filing for a number of work visas. For a number of years (and most probably this year), that day also marked the day when all of the available visas are going to be exhausted. Due to the low number of available visas, and the large number of applications, the government resorts to a "lottery" to determine which applications are going to be adjudicated. Many employers will spend thousands of dollars to prepare an application in an attempt to hire a qualified foreign worker, only to discover that they "lost" the work visa lottery.

Click "Read More" to read an article that gives some perspective on the work visa "lottery." This article was written by Eleanor Pelta (AILA Past President) and is included with permission from AILA.

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Daniel A. Benjamin [Partner]
Aleksandr Y. Troyb [Partner]
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Leo Gold [In Memoriam]

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