#studyinstates

[niranjandotus]

U.S. - India Visa News (White House):

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/u-s---india-visa-news-white-house

FACT SHEET: Republic of India Official State Visit to the United States: https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/22/fact-sheet-republic-of-india-official-state-visit-to-the-united-states

[aventurinedeep]

USA - GOOD NEWS FOR INDIANS.

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#StudyInUSA #USAStudy #StudyAbroad #InternationalStudents #AmericanUniversities #StudentLifeUSA #StudyInAmerica #USHigherEducation #USUniversities #EducationInUSA #StudyInUS #USACampusLife #AmericanEducation #USVisa #StudyInStates #aventurinecareerconsultants #meenakshipassi

[adhikarilaw]

ICE has announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Due to the continued precautions related to COVID-19, the DHS will extend this policy until April 30, 2022

[niranjanadhikari]

Submit comments to oppose proposed rule by USCIS which will impact early-career professionals and small and medium-sized companies

I want to draw your attention towards  this impending rule-making-- Modification of Registration Requirement for Petitioners Seeking To File Cap- Subject H-1B Petitions-- by USCIS which many should oppose. Active participation in rule-making process is an effective way to influence the agencies. Sometime government may also lose in a litigation even if the rule is adopted because their rule-making did not adequately address the well-reasoned Comments. This proposed rule is going to impact early-career professionals and companies which hire them. Here I have put together a few sample comments which you can utilize for submitting formal comments to the Regulations.Gov portal (https://www.regulations.gov/document?D=USCIS-2020-0019-0001). You are welcome share the instructions and samples provided below. 

Some template comments for employers or international students to voice their concerns to USCIS on this proposed rule. It is vital that commentators personalize the comment before submission, and do provide evidence, cite some research finding or data. You can also attached a comment in a PDF file. By customizing and making a compelling comment, you help ensure that the government will hear your unique voice, count and respond to your comment. The government must address every unique comment before issuing a final rule. Therefore, the more unique comments the submitted, the longer it will take for the rule to be finalized and to go into effect. Comments are due 11:59 P.M. ET on Wednesday, December 2, 2020. 

Tips for submitting effective comments: https://www.regulations.gov/docs/Tips_For_Submitting_Effective_Comments.pdf

Regulatory Comment Form: (USCIS-2020-0019-0001)

SAMPLE COMMENT 1:

Subject: ….Comment Opposing USCIS's Wage-Based Selection Process for H-1Bs….

……………………………….I respectfully submit this comment to strongly oppose USCIS's NPRM, USCIS-2020-0019; RIN 1615-AC61. This misguided rule, which dramatically alters the way in which H-1B registrations are selected for the annual H-1B statutory cap, is inconsistent with Congressional intent, is in violation of the statute, and will undermine our nation's pipeline of global talent we need to drive innovation and foster economic growth. ……………………………….

Insert details about yourself and your concern to this issue—e.g. as an employer which creates “U.S. jobs” and how H-1B is a “net job creator” for native workers. (https://www.uschamber.com/above-the-fold/high-skilled-h-1b-visas-demand-outstrips-supply-again; https://research.newamericaneconomy.org/report/h-1b-employment-effect/)

 SAMPLE COMMENT 2:

Subject: …This Proposed Rule is a Clear Violation of the Statute and Congressional Intent, and salary alone cannot be controlling…:

 ……………………………….The H-1B program was established by Congress to provide an avenue for employers to hire a foreign worker in a specialty occupation. This proposed rule is a clear violation of the Immigration and Nationality Act, which prioritizes the selection of H-1B cap-subject petitions in the "order in which they are filed" and does not limit who is selected for the H-1B cap to those employers who pay the most.  USCIS lacks the statutory authority to make such a change and cannot use the statute's silence as an invitation to adopt criteria, such as wage level or skill level, to prioritize the selection of H-1B cap subject visas. 

…This Proposed Rule is Based on a False Premise That Salary Alone Equates with Value…:

……………………………….This proposal, which is based on the false premise that individuals who earn more in their profession contribute more to the economy or society, is yet another misguided and illegal attempt by the Trump administration to weaken our legal immigration and promote falsities about the workers who, contrary to what this rule implies, strengthen our economy.

 If implemented, this rule will have a direct and negative impact on U.S. employers and college-educated foreign-born professionals by dramatically reducing access to the H-1B visa program for early-career professionals, including those completing Master's or Doctoral degrees at U.S. colleges and universities. Indeed, USCIS has acknowledged that if this new regulation is implemented, no individuals who are paid a Level 1 wage would be selected to submit a H-1B cap-subject petition for the annual H-1B cap. These proposed changes would effectively eliminate the H-1B program as an available visa option for new graduates seeking employment in an entry-level position……………………………………………………

Insert specific examples(s) or experience(s) of how this rule will prohibit you or your comments from hiring necessary talent, including how entry-level professionals are vital to your business or to the U.S. to be competitive. Additionally, provide any data or anecdotal information on the negative impact of this rule on U.S. businesses, job creating, the ability to hire and retain essential workers, etc.

SAMPLE COMMENTS 3:

Subject: …USCIS Should Refrain From Implementing this Rule For the FY2022 H-1B Cap Filing Season…:

………………………………. Many U.S. employers and immigration attorneys start preparing for the H-1B cap filing season months in advance, in some cases as early as August depending on the industry. Any changes by USCIS to the H-1B cap filing process this late in the year would have an adverse impact on U.S. employers, immigration attorneys and individuals, as hiring decisions and filing processes and procedures have already been put in place by many employers and immigration law firms. Thus, if USCIS finalizes this illegal and misguided rule, USCIS must refrain from implementing it for the upcoming FY2022 H-1B cap filings season in order to allow U.S. businesses, immigration attorneys and individuals sufficient time to adapt to the new wage-based selection process. ……………………………….

Highlight the adverse impact this rule would have on you, your business, or your companies U.S. hiring decisions especially that you had made plan to sponsor current “trainee” who otherwise will not be able to have employer file a petition for him or her. Also discuss about local hiring vis-à-vis outsourcing, and how this type of rule will outsource the high-quality tech job abroad especially now that “remote work” is a new normal for the large number of U.S. jobs.

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Niranjan (Nir) Adhikari 

https://niranjanadhikari.com | https://linkedin.com/in/niranjanadhikari | https://facebook.com/NiranjanAdhikari.info | https://twitter.com/Nir_Adhikari | info@niranjanadhikari.com

Note: Attorney advertising and should not be construed as a legal advice. 

[niradhikari]

Frequently Asked Questions for SEVP Stakeholders about COVID-19: Updated

This document provides answers to frequently asked questions from Student and Exchange Visitor Program (SEVP) stakeholders about the impact of the Coronavirus Disease (COVID19) on SEVP-certified schools and F and M students. Note: SEVP continues to actively monitor COVID-19 and provide up-to-date information to stakeholders, including designated school officials (DSOs) and F and M students. Due to the fluid nature of this situation, the answers in this document may be subject to change. Refer to

ICE.gov/COVID19 for the most up-to-date version of this FAQ.

SOME SELECTED QUESTIONS AND ANSWERS:

Nonimmigrant Students

Maintaining student records

Many F and M students may choose to travel home and complete the spring term remotely. Since they are still enrolled, do DSOs have to cancel their Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” if they are taking classes outside of the United States? If their Student and Exchange Visitor Information System (SEVIS) records remain in Active status, will students be subject to the five-month rule?

Ans: Under current conditions, if an Active F student leaves the United States to complete the spring term online, their SEVIS record should remain in Active status and not be terminated. While the temporary measures related to COVID-19 are in place, students deemed to be maintaining status if they are making normal progress in their course of study. For that reason, the five-month temporary absence provision addressed in 8 C.F.R. 214.2(f)(4) will not apply for students who remain in Active status.

SEVP will allow F and M students to temporarily count online classes toward a full course of study in excess of the limits stated in 8 CFR 214.2(f)(6)(i)(G) and 8 CFR 214.2(m)(9)(v), even if they have left the United States and are taking the online classes elsewhere. This temporary provision is only in effect due to COVID-19 and only for schools that comply with the requirement to notify SEVP of any procedural changes within 10 business days.

10. Schools have extended their academic year by a certain number of days due to  COVID-19. How should DSOs handle SEVIS records for these students and what should be done for students who already applied for optional practical training (OPT)?

Ans: Student academic calendars and SEVIS records should be consistent. Schools should keep an official record of its academic calendar adjustment to provide to the U.S. Department of Homeland Security (DHS) if a request is made and as documentation for any appropriate changes in a student’s SEVIS record.

Regarding OPT applications, DHS is evaluating related issues and may issue additional guidance. In the meantime, since U.S. Citizenship and Immigration Services (USCIS) adjudicates OPT employment authorization requests, SEVP recommends reaching out to USCIS for further guidance.

11. If students cannot or will not return to school when in-person instruction resumes, should their records be terminated for authorized early withdrawal?

Once a school returns to normal operations, if students cannot or choose not to return to the United States to study, DSOs should terminate the records. Refer to the Terminate Student article in the SEVIS Help Hub on Study in the States for additional information.

Employment

2. Can students engaged in OPT and the science, technology, engineering and mathematics (STEM) OPT extension work remotely when appropriate and permitted by the employer? If so, do they need to submit an updated Form I-983?

Ans: Students currently participating in OPT, including STEM OPT, may work remotely if their employer has an office outside of the United States or the employer can assess student engagement using electronic means. Students participating in STEM OPT do not need to submit an updated Form I-983 to report remote work. However, requirements to submit an updated Form I-983 for other changes remain in effect. See 8 CFR 214.2(f)(10)(ii)(C)(9)(ii) for additional information.

3. Can students with proper authorization participate in curricular practical training (CPT) while they are abroad?

Ans: Students may engage in CPT during their time abroad, provided they are:

Enrolled in a program of study in which CPT is integral to the program of study;

Their DSO authorized CPT in advance of the CPT start date; and

Either the employer has an office outside the United States or the employer can assess student engagement and attainment of learning objectives electronically.

As noted in SEVP’s March 13, 2020, COVID-19: Guidance for SEVP Stakeholders, this enrollment may be online. All other requirements at 8 CFR 214.2(f)(10)(i) still apply.

4. Does time spent studying outside of the United States during the COVID-19 emergency count toward the one-year requirement for CPT and OPT?

Ans: An F student accrues eligibility for practical training whether they are inside or outside of the United States during the COVID-19 emergency if the student is in Active status in SEVIS and meets the requirements of their school’s procedural change plans submitted to SEVP.

6. Due to COVID-19, what is SEVP’s advice to students who want to apply for OPT? Is there any chance that students would be able to apply for post-completion OPT from outside the United States?

Ans: DHS is evaluating these issues and may issue additional guidance. In the meantime, since USCIS adjudicates OPT employment authorization requests, SEVP recommends reaching out to USCIS for further guidance.

7. Can students apply for OPT while outside of the United States by filing a Form I765, “Application for Employment Authorization,” from abroad?

Ans: SEVP understands stakeholder concerns about the need for guidance. As the COVID19 emergency continues, the program will continue to develop guidance on significant issues and publish it at ICE.gov/Coronavirus. SEVP is collaborating with interagency components on these issues, including USCIS, CBP and the Department of State.

The request presented in this question is primarily for consideration by USCIS, which adjudicates Forms I-765. SEVP is willing to cooperate in implementing such procedures so long as they are reviewed and approved as part of the DHS response to the COVID-19 crisis.

8. Must students cease engaging in OPT if they are now working fewer than 20 hours a week due to the economic impacts of COVID-19?

Ans: For the duration of the COVID-19 emergency, SEVP considers students who are working in their OPT opportunities fewer than 20 hours a week as engaged in OPT.

10. Will there be an extension or suspension of the 90-day/150-day allowed period of unemployment for OPT and STEM OPT during the COVID-19 emergency?

Ans: DHS is evaluating this issue but has not yet determined whether to implement a specific exemption for exceeding the regulatory limits for unemployment of 90 days for OPT and 150 days for STEM OPT.

11.Can F and M students who were previously employed and are now unemployed due to COVID-19 apply for unemployment benefits?

Ans: Students who are unemployed due to COVID-19 should contact their local or state employment agency for more information.

Please contact us at (+1) 202 600 7742, or email us at info@adhikarilaw.com if you like to learn more about this topic or has questions.

Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice.

[adhikari]

For 2020 H-1B cap cases (FY 2021), USCIS requires an online registration between March 1st through March 20th, 2020. The government has published Final Rule for the H-1B registration requirement. Here are the important applicable procedures:

[sivisaconsulting-blog]

United States have always attracted many students to pursue further studies. If you too are planning to pursue your further studies from United States, Now you have many options to choose from and it is offered by one of the best consultancy in Vadodara. Our students have option to choose from 400+ universities spread across states to pursue education at bachelors, masters or doctorate level. Contact our team of experts who can help you secure admission in university of your choice and book visa counseling sessions. #studyinusa #studyinstates #americandream #mastersinusa #admissioninusa #studyvisausa #studentvisausa #consultantinbaroda #f1visa #visainterview #usauniversity #sivisaconsulting (at SI Visa Consulting Pvt Ltd, Vadodara) https://www.instagram.com/p/Br4MsmNB0o0/?utm_source=ig_tumblr_share&igshid=1vpv7agcen16w

[estudyabraod]

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[studyabroad-australia-usa-canada]

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[aventurinedeep]

Study in USA

Jan 25 Intake

Pay Tuition Fee After Visa

Free i20

Public University

Apply With Us.

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#StudyInUSA #USAStudy #StudyAbroad #InternationalStudents #AmericanUniversities #StudentLifeUSA #StudyInAmerica #USHigherEducation #USUniversities #EducationInUSA #StudyInUS #USACampusLife #AmericanEducation #USVisa #studyinstates #aventurinecareerconsultants #meenakshipassi

[niranjanadhikari]

If you or your employer want to learn more about H-1B program or about our legal services for the preparation and the filing H-1B petition contact us at (+1) 202 600 7742, or email us at info@adhikarilaw.com. Learn more: https://www.adhikarilaw.com/h-1b-visa-programs/join-us-for-a-webinar-to-learn-about-new-registration-systems-for-h-1b-quota-cases/  

[niranjanadhikari]

For 2020 H-1B cap cases (FY 2021), USCIS requires an online registration between March 1st through March 20th, 2020. The government has published Final Rule for the H-1B registration requirement. Here are the important applicable procedures: https://adhikarilaw.com/uscis-online-registration-system-of-h-1b-cap-cases/

[estudyabraod]

Apply to Drexel University - College of Engineering, USA !! ✅ Program offered: Chemical Engineering, MS Computer Engineering, MS Cybersecurity, MS Electrical Engineering, MS Electrical Engineering/Telecommunications, MS Machine Learning, MS Materials Sciences and Engineering, MS Mechanical Engineering, MS Robotics and Autonomy, MS ✅Application fee: Waiver ✅Admission requirement: GPA>3 TOEFL: 95 IELTS: 6.5 GRE: Optional #MasterinUSA #Bacheourinusa   #StudyInUSA #HigherEducation #estudyabroad #bangaloreusaagent #usauniversity #studyabroad #studentvisa #usavisa #usaadmission #usastudy #gousa #overseasadmission #studyinstates #mastersscholarship

[estudyabraod]

STUDY IN USA #StudyinUSA #Masters ✅University of Arizona, Tucson, Arizona, USA ✅Washington State University, Pullman, Washington, USA ✅California State University, Northridge, USA ✅University of Dayton, Dayton, Ohio, USA ✅University of Hartford, West Hartford, Connecticut, USA ✅Cleveland State University, Cleveland, Ohio, USA #MasterinUSA #Bacheourinusa #StudyInUSA #HigherEducation #estudyabroad #bangaloreusaagent #usauniversity #studyabroad #studentvisa #usavisa #usaadmission #usastudy #gousa #overseasadmission #studyinstates #mastersscholarship

[estudyabraod]

STUDY IN USA #StudyinUSA #Masters ✅University of Arizona, Tucson, Arizona, USA ✅Washington State University, Pullman, Washington, USA ✅California State University, Northridge, USA ✅University of Dayton, Dayton, Ohio, USA ✅University of Hartford, West Hartford, Connecticut, USA ✅Cleveland State University, Cleveland, Ohio, USA #MasterinUSA #Bacheourinusa #StudyInUSA #HigherEducation #estudyabroad #bangaloreusaagent #usauniversity #studyabroad #studentvisa #usavisa #usaadmission #usastudy #gousa #overseasadmission #studyinstates #mastersscholarship

[estudyabraod]

STUDY IN USA #StudyinUSA #Masters ✅University of Arizona, Tucson, Arizona, USA ✅Washington State University, Pullman, Washington, USA ✅California State University, Northridge, USA ✅University of Dayton, Dayton, Ohio, USA ✅University of Hartford, West Hartford, Connecticut, USA ✅Cleveland State University, Cleveland, Ohio, USA #MasterinUSA #Bacheourinusa #StudyInUSA #HigherEducation #estudyabroad #bangaloreusaagent #usauniversity #studyabroad #studentvisa #usavisa #usaadmission #usastudy #gousa #overseasadmission #studyinstates #mastersscholarship