Berd and Klauss, PLLC

For US-based employers hiring foreign workers, it is important to understand the requirements and procedures of Form I-129 for H-1B and any related updates. This form allows petitioners to file on behalf of nonimmigrant workers seeking temporary employment or training in the US under H-1B nonimmigrant classification. It also facilitates requests for status changes to E-1, E-3, E-2, TN, or H-1B1, as well as extensions of stay. It's also important to stay informed about changes in immigration laws and procedures that may affect your workforce. Among the recent updates is the final rule issued by the US Citizenship and Immigration Services (USCIS), slated to take effect on April 1, 2024. Several changes will impact Form I-129 petitions for H-1B nonimmigrant workers. Below, we highlight these updates that may affect your business. Should you have further inquiries, do not hesitate to consult our immigration lawyer in Queens NY. New fees Starting April 1, 2024, a new fee rule from ...

On January 30, 2024, the US Citizenship and Immigration Services (USCIS) announced substantial increases in fees for various immigration applications and benefit requests. This marks the first major revision since 2016, prompted by the need to address the agency's financial and operational challenges. The new fees aim to facilitate more efficient processing of applications. Starting April 1, 2024, the updated fee schedule will take effect. To avoid the increased charges, applicants should ensure the USCIS receives their applications before this date. The need to refresh the USCIS fee structure had been imminent, given the agency’s financial and operational challenges. With the new fees, the agency can address its pain points and ensure timely processing for new applications. Things you need to know about the new fee structure Below are some of the significant fee changes for certain forms and applications: ·        Petition for Alien Relative : Fe...

The US Citizenship and Immigration Services (USCIS) recently unveiled a new proposal that could dramatically alter the current fee structure for various immigration-related forms and services. New York citizenship lawyers are closely examining how these changes may impact applicants. Why does the USCIS want to increase fees? The proposed rule, known as the “ US Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements ,” will lead to an increase in most immigration filing fees. Though the proposal includes some minor fee reductions, the new fee structure will substantially increase the costs for certain applications. According to USCIS, the increase is intended to help the agency recover operating costs and handle the rising expenses of the incoming asylum population. Those looking to understand these changes in detail can consult a New York citizenship lawyer for guidance. Notable changes beyond fees Aside from hi...

Are you waiting for your immigrant visa? Unfortunately, many people are facing prolonged wait times due to a significant backlog at the National Visa Center (NVC). As of the beginning of 2023, there are 422,954 immigrant visa applicants queued for an interview. Despite their cases being ready for a decision, the processing system hasn't seen significant improvements this year.   Here's a brief explanation of the backlog:   The NVC is in charge of preparing immigrant visa cases for review by the US embassy or consulate. It manages the processing and sets up everything required for the interview. But when the volume of incoming cases surpasses the number that can be processed, a backlog occurs. The present NVC backlog is a result of an overwhelming influx of new cases that haven't been matched with an adequate processing capacity.   Whenever the USCIS (US Citizenship and Immigration Services) approves a case, such as Form I-130, it adds to the backlog. Conversel...

With the Supreme Court ruling 5-4, in favor of the proposed “Public Charge” rule, the administration can now begin enforcing new policies that penalize and hurt the chances of immigrants, likely to rely on public programs like Medicaid and food stamps to attain permanent legal residency status in the US. This is especially relevant because the ruling on “Public Charge’s” legality isn’t yet final, but the recent Supreme Court vote allows its policies to take effect as the courts decide further. A huge victory for the Trump administration, this rule makes it much more difficult for immigrants, especially low-income ones to change their immigration status, get a green card, or attain citizenship. Those who feel they are going to be impacted by the proposed law are advised to seek counsel from an immigration lawyer in Manhattan NY to understand its implications on a deeper level.                  The 5-4...