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USCIS Reaches the Fiscal Year 2022 H-1B Cap

March 1, 2022 by Thomas Geygan


USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2022.
Non-selection notifications have been sent to registrants’ online accounts. The status for registrations properly submitted for the FY 2022 H-1B numerical allocations, but that were not selected, will now show:
• Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2022 H-1B cap. USCIS will continue to accept and process petitions filed to:
• Extend the amount of time a current H-1B worker may remain in the United States;
• Change the terms of employment for current H-1B workers;
• Allow current H-1B workers to change employers; and
• Allow current H-1B workers to work concurrently in additional H-1B positions.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations.

Filed Under: H-1B

Jurisdiction in Naturalization, why where you live is important.

April 27, 2021 by Thomas Geygan

For most people, an application for naturalization must be filed with the USCIS office or service district that has jurisdiction over their place of residence.  Normally this is a simple issue, I live in Cincinnati so I need to file where USCIS says to file for Ohio (today USCIS tells us to file at their location in Chicago, IL).  To file with the office that has jurisdiction over where you live, you must have lived there for at least three months before filing.  This is not very complicated for most people, but because of work or school, things are a little more complicated for some people.

Before we can discuss the exceptions, we need to understand what USCIS defines “Place of Residence” as.

The applicant’s “residence” refers to the applicant’s principal, actual dwelling place in fact, without regard to intent. The duration of an applicant’s residence in a particular location is measured from the moment the applicant first establishes residence in that location.

The following are exceptions to the normal “Place of Residence” definition:

1. Military Member

Special provisions exist for applicants who are serving or have served in the U.S. armed forces but who do not qualify for naturalization on the basis of the military service for one year.

  • The service member’s place of residence may be the state or service district where he or she is physically present for at least three months immediately prior to filing (or the examination if filed early);
  • The service member’s place of residence may be the location of the residence of his or her spouse or minor child, or both; or
  • The service member’s place of residence may be his or her home of record as declared to the U.S. armed forces at the time of enlistment and as currently reflected in the service member’s military personnel file. 

2. Spouse of Military Member (Residing Abroad)

The spouse of a U.S. armed forces member may be eligible to count the time he or she is residing (or has resided) abroad with the service member as continuous residence and physical presence in any state or district of the United States. Such a spouse may consider his or her place of residence abroad as a place of residence in any state or district in the United States.

3. Students

An applicant who is attending an educational institution in a state or service district other than the applicant’s home residence may apply for naturalization where that institution is located, or in the state of the applicant’s home residence if the applicant is financially dependent upon his or her parents at the time of filing and during the naturalization process.

4. Commuter

A commuter must have taken up permanent residence (principal dwelling place) in the United States for the required statutory period and must meet the residency requirements to be eligible for naturalization.

5. Residence in Multiple States

If an applicant claims residence in more than one state, the residence for purposes of naturalization will be determined by the location from which the applicant’s annual federal income tax returns have been and are being filed.

6. Residence During Absences of Less than One Year

An applicant’s residence during any absence abroad of less than one year will continue to be the state or service district where the applicant resided before departure. If the applicant returns to the same residence, he or she will have complied with the three-month jurisdictional residence requirement when at least three months have elapsed, including any part of the absence, from when the applicant first established that residence.

If the applicant establishes residence in a different state or service district from where he or she last resided, the applicant must reside three months at that new residence before applying in order to meet the three-month jurisdictional residence requirement.

7. Noncitizen Nationals of the United States

A noncitizen national may naturalize if he or she becomes a resident of any state and is otherwise qualified. [13] Noncitizen nationals will satisfy the continuous residence and physical presence requirements while residing in an outlying possession. Such applicants must reside for three months prior to filing in a state or service district to be eligible for naturalization.

I hope this information was helpful, if you have any additional questions about naturalization you are welcome to contact my office for an appointment to discuss your questions, or if you would rather you can download our free e-book on Naturalizations.

Filed Under: N-400

Naturalization ceremonies are suspended

November 25, 2020 by Thomas Geygan

Naturalization ceremonies, whether scheduled to occur in the courthouse or at off-site locations, are suspended until further order of this Court. The Court takes this step to comply with the November 15, 2020, Order of Ohio Interim Director of Public Health, Lance D. Himes, limiting gatherings of greater than ten people.

Filed Under: N-400

Suspension of Routine Visa Services by Embassies

March 20, 2020 by Thomas Geygan

In response to significant worldwide challenges related to the COVID-19 pandemic, the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide emergency and mission critical visa services. Our overseas missions will resume routine visa services as soon as possible but are unable to provide a specific date at this time. 

  • Individuals interested in the operations of a particular post should contact that embassy or consulate directly.  Contact information for embassies and consulates worldwide is available at usembassy.gov.
  • Applicants with an urgent matter and need to travel immediately should follow the guidance provided at the Embassy’s website to request an emergency appointment. Examples of an urgent matter include air and sea crew, and medical personnel, particularly those working to treat or mitigate the effects of COVID-19.
  • This does not affect the Visa Waiver Program. See https://esta.cbp.dhs.gov/faq?focusedTopic=Schengen%20Travel%20Proclamation for more information.
  • Although all routine immigrant and nonimmigrant visa appointments are cancelled, the Machine Readable Visa (MRV) fee is valid and may be used for a visa appointment in the country where it was purchased within one year of the date of payment.
  • We are aware of the importance of the H-2 program to the economy and food security of the United States and intend to continue processing H-2 cases as much as possible.  For further information about the H-2 program, please visit: https://travel.state.gov/content/travel/en/News/visas-news/important-announcement-on-h2-visas.html
  • Services to U.S. citizens continue to be available. 

Filed Under: AOS Employment, AOS Family, AOS Marriage

USCIS Proposed Fee Increases

November 11, 2019 by Thomas Geygan

This morning I received an advanced copy of USCIS proposed fee increases. The notice will become official on November 14th. For the second time in a row, USCIS proposes increasing their fees an average of 21%.

Below are some of the proposed fee changes:

Current FeeProposed FeeChange
K-1$535.00 $520.00 ($15.00)
I-130$535.00 $555.00 $20.00
AOS Packet$1,760.00 $2,750.00 $990.00
I-485$1,140.00 $1,120.00 ($20.00)
I-751$595.00 $760.00 $165.00
N-400$640.00 $1,170.00 $530.00
I-526$3,675.00 $4,015.00 $340.00
E-2$460.00 $705.00 $245.00
I-601 A$630.00 $960.00 $330.00
I-765$410.00 $490.00 $80.00

Filed Under: AOS Family, AOS Marriage

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