Immigration news & commentary
Updates and analysis from the Law Offices of Rajiv S. Khanna, PC.
PERM: Recruitment Updates from BALCA
In the Matter of Tanaka, 2010-PER-01060 (BALCA)
By Rajiv S. KhannaEmployers May Submit Inquiries If Extension of Status/Change of Employer Petition Has Been Pending for 210 Days or More
On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outsi...
By Rajiv S. KhannaReminder: Current Form I-9, Employment Eligibility Verification, Remains Effective After March 31, 2016
Until further notice, employers should continue using Form I-9, Employment Eligibility Verification. This current version of the form continues to be effective even after the Office of Management and Budget control number expiration date of March 31, 2016, has passed. USCIS will provide updated info...
By Rajiv S. KhannaUSCIS Announces that Current Form I-9 valid until Jan. 21, 2017
On Aug. 25, the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification. USCIS must publish a revised form by Nov. 22, 2016. Employers may continue using the current version of Form I-9 with a revision date of 03/08/2013 N until Jan. 21, 2017. After Jan...
By Rajiv S. KhannaRevised Form I-9 Now Available
USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Instructions for how to download Form I-9 are available on the Form I-9 page. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. On Sept....
By Rajiv S. KhannaClarification of STEM OPT Extension Reporting Responsibilities and Training Obligations
USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of the website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earlies...
By Rajiv S. KhannaF-1 “Cap-gap” Status and Work Authorization Extension Only Valid Through Sept. 30, 2018
F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.
By Rajiv S. KhannaCOVID-19 Delays in Extension/Change of Status Filings
The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. USCIS continues to carefully analyze these issues and to leverage the resources to effectively address these challenges within USCIS's existin...
By Rajiv S. KhannaCRS Report On Immigration: S Visas For Criminal And Terrorist Informants
The provision establishing the S visa in the INA was originally due to expire on September 13, 1999, but Congress had extended it until September 13, 2001. Aliens admitted through the S visa categories are designated as S-5 and S-6 nonimmigrants. Request for these visas must be filed by a state or f...
By Rajiv S. KhannaUpdate to Filing Location for U Nonimmigrant-Based Form I-485
U nonimmigrants applying to become lawful permanent residents must now file Form I-485, Application to Register Permanent Residence or Adjust Status, only at the Nebraska Service Center and not at the Vermont Service Center. USCIS Nebraska Service Center U.S. Postal Service (USPS): USCIS P.O. Box 87...
By Rajiv S. KhannaUSCIS Uncovers U Visa Fraud Scheme by Corrupt Law Enforcement, Leading to Federal Indictments
Release Date 07/17/2025 LAFAYETTE, La. — Five Louisiana men, including four active and former law enforcement officers, were indicted Wednesday on charges of bribery, conspiracy to commit visa fraud, and mail fraud, following a federal investigation initiated by U.S. Citizenship and Immigration Serv...
By Rajiv S. KhannaUSCIS Approves 10,000 U Visas for 6th Straight Fiscal Year
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2015. This marks the sixth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008.
By Rajiv S. Khanna