Immigration Archives - Somireddy Law Group

EB-2 National Interest Waiver (NIW) – Requirements & Process

EB-2 National Interest Waiver (NIW) – Requirements & Process The EB-2 NIW allows eligible foreign nationals to obtain permanent residence without employer sponsorship, provided they demonstrate that their work serves the national interest of the United States. Key Advantages of EB-2 NIW No Job Offer Required: You can self-petition and are not dependent on an employer. No Labor Certification: Avoids the lengthy and complex PERM process. Flexibility: Not bound to

Visa Bond Pilot Program for B 1/B 2 Applicants

The U.S. Department of State has issued a Temporary Final Rule (TFR) establishing a 12-month visa bond pilot program, which applies to B1/B2 visa applicants from select countries with high overstay rates, deficient vetting data, or citizenship-by-investment (CBI) programs. This pilot requires visa applicants to post a Maintenance of Status and Departure Bond of $5,000, $10,000, or $15,000 at the Consular Officer’s discretion, before visa issuance. Details of the program, including how

SVP Scores & H-1B Wage Levels: Hidden Triggers, Real Risks.

As part of ongoing guidance to support your H-1B program compliance, this newsletter addresses a critical but often overlooked factor in H-1B wage level determinations: the Specific Vocational Preparation (SVP) score and its role in shaping DOL wage level classifications under the Labor Condition Application (LCA) process. Misalignment between a job’s described complexity and the wage level selected in the LCA continues to be a leading cause of RFEs, NOIRs,

Invitation for Employers Needing Assistance with Beneficial Ownership Information (BOI) Filing

Dear Employers, We hope this message finds you well. In light of the recent federal requirement mandating the reporting of Beneficial Ownership Information (BOI), we understand that employers, like yourself, may have questions and concerns about compliance. At Somireddy Law Group, we are here to offer our expertise and support to assist you in meeting these new regulatory obligations effectively and efficiently. What is Beneficial Ownership Information (BOI)? Beneficial

New Regulations From DOL & FTC Effecting Non Compete Agreements

!!Attention Employers!! New regulations from DOL & FTC aimed at curtailing employment based non-competes and increase the base salary for over time exemption effecting employers throughout the US. This week is soon turning out to be crucial for all US Employers, with both the Department of Labor (DOL) and the Federal Trade Commission (FTC) issuing the Final Rules that could fundamentally alter employer-employee relationships. Very likely

COMMON EMPLOYMENT DISCRIMINATION PRACTICES

1) Discrimination based on Citizenship pertaining to hiring, firing, and recruitment or referral for a fee Employers with four or more employees are not allowed to treat individuals differently in hiring, firing, recruitment or referral for a fee based on citizenship status. U.S. citizens, U.S. nationals, asylees, refugees, and recent lawful permanent residents are protected from citizenship status discrimination. Note: Lawful permanent residents who do not apply for naturalization within

USCIS Announces New Security Measures for H-1B Visa Process

The U.S. Citizenship and Immigration Services (USCIS) has released a final rule aimed at reinforcing the integrity and fairness of the H-1B visa registration process. The new measures are designed to prevent fraud, equalize selection opportunities, and streamline application procedures. Detailed information includes: 1. Enhanced H-1B Registration Process: • The final rule introduces a beneficiary-centric selection method, meaning applicants will be chosen based on unique individual criteria rather than by

Domestic H-1B Visa Renewal Pilot Begins January 29, 2024

Overview Program Scope: H-1B principal visa holders only. Purpose: To assess the impact of domestic visa renewals on visa processing capabilities. Selected Missions: Mission India and Mission Canada, representing a global population sample. Eligibility Criteria Time Frame: January 29, 2024 – April 1, 2024. Prior Visa: Issued by Mission Canada (Jan 1, 2020 – Apr 1, 2023) or Mission India (Feb 1, 2021 – Sep 30, 2021). Other

Q & As regarding the DOS Stateside Visa Renewal Pilot Program that Begins January 29, 2024

On December 20, 2024, the Department of State (DOS) shared an unpublished version of a Federal Register notice announcing that the greatly anticipated stateside visa renewal pilot will begin on January 29, 2024, and end on April 1, 2024. It will be published at the same link in the Federal Register on December 21, 2023. The notice describes, among other things, the requirements for participation, the application process, and how applications

Attention International Students: Urgent Advisory on OPT Application Deadlines

Attention students completing your academic programs in the winter session: the OPT application process requires careful timing, particularly due to the unique schedule of winter course completion. Somireddy Law Group is committed to ensuring you are well-informed to avoid pitfalls that may jeopardize your OPT application success. Winter Session Considerations: Early Planning: If you complete your courses in the winter, start planning your OPT application early to account for holiday

New Washington State Laws Affecting Employers Nationwide with Job Postings!

Equal Pay and Opportunity Act In a recent judgment, the Superior Court of the State of Washington held employers like Insight Global LLC liable for violating the “Pay Transparency” requirements. The court awarded $5,000 in damages plus attorney fees to each applicant who applied to a non-conforming posting. Effective January 1, 2023, Washington State’s “Pay Transparency” Law requires all employers with more than 15 employees, including at least one Washington-based

H-1B Workers Won’t have to go out of the United States to get a visa anymore!

Domestic Visa Renewal Pilot Program, starting Jan 2024. A limited number of H-1B specialty occupation workers will be able to renew their visas in the US. The rollout of the H-1B domestic visa renewal pilot will be limited to just 20,000 participants at first. This would allow those H-1B holders to renew their visas by mailing them to the State Department rather than travel outside the US and face uncertain wait

If you are an entrepreneur and an Investor looking to pursue your dream of doing temporary

What is an E-2 Visa? E-2 Visa is a non-immigrant visa that allows a national of Treaty country(a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) admission in the United States when investing a substantial amount of capital in a bona fide business in

P3 ARTISTS OR ENTERTAINERS COMING TO BE A PART OF A CULTURALLY UNIQUE EVENT IN THE UNIT

1. What is a P-3 Visa? The classification applies to people coming temporarily to perform, teach or coach as artists, entertainers, individually or as a part of group, under a program that is culturally unique. The recipient of the visa can also develop, teach, a unique or traditional, ethnic, folk, musical, theatrical, or artistic performance which is culturally different and local to their region or country. Additionally, the individual or

USCIS Announces new procedures for obtaining Alien Documentation, Identification and Telecommunication (ADIT) Stamp

On March 16, 2023, USCIS announced a new procedure to obtain ADIT stamps, which constitute temporary evidence of permanent residence, typically issued while Form I-90, I-751, or N-400 applications are pending. This new procedure is due to USCIS’s delays in processing these applications. Under the prior procedure, residents were required to call the USCIS Contact Center, request an InfoPass appointment, wait for that appointment to be scheduled, and then attend the appointment

Immigration