EB2-NIW Premium Processing

The USCIS processing times have long been somewhat of an inconvenience for individuals. Especially during the COVID-19 Pandemic that caused major delays. Premium Processing was offered as a solution by USCIS, which allowed individuals to receive results to their petition 15 to 45 working days for an extra cost. However, in the employment category, this option was only available to EB1-A (Individuals with Extraordinary Abilities).  This caused individuals who petitioned for EB2-NIW (National Interest Waiver) to remain without an option.  Recently, the USCIS announced premium processing starting January 30th 2023, for all previously filed NIW cases

EB1 and EB2 NIW Processing Times

Blog Kameli Eb2 processing time

Immigration processes in the US can be lengthy and time-consuming. Which can cause frustration for individuals with certain goals in mind. This also includes Eb1 and EB2 NIW Processing Times which can usually be unpredictable. However, the USCIS provides certain information that can help get an understanding of approximately how long the process can take and also give the option of premium processing to speed up the procedure. How long does it take to complete & submit my case to USCIS? The process of putting together an immigration file is not just the gathering of documents. It has

What is EB2-NIW?

What is EB2-NIW? EB2-NIW stands for Employment-Based Immigration: Second Preference – National Interest Waiver. The EB-2 NIW visa is for foreign nationals who are highly skilled or hold advanced degrees and will show they have a project or endeavor that will serve the national interests of the United States & Individuals may self-petition for an EB-2 NIW visa.   What is NIW? National Interest Waiver (NIW): the labor certification required for EB2 is waived because it is in the interest of the United States, which means no employer is required. The endeavors that qualify for a national interest

Biden Reverts Naturalization Test to 2008 Version

Biden Reverts Naturalization Test to 2008 Version

Written by Taher Kameli & Chathan Vemuri In another reversal of Trump-era immigration policy, the Biden administration struck down the revised naturalization civic test implemented on December 1, 2020, replacing it with the older 2008 version of the test that had been in force up till that time.[1] This was done as part of President Biden’s February 2 Executive Order on “Restoring Faith in Our Legal Immigration System.”[2] The USCIS will go back to the 2008 test as of March 1, 2021, although there will also be an interim period during which both tests will be offered for

District Court for the Northern District of California Strikes Down H-1B Regulations for Violating APA

Strikes Down H-1B Nonimmigrant Visa Program

Written by Taher Kameli & Chathan Vemuri As noted before on this blog site, on October 8, 2020, the Department of Homeland Security issued an interim final rule that was meant to revamp the H-1B Nonimmigrant Visa program.[1] Called Strengthening the H-1B Nonimmigrant Visa Classification Program, this interim final rule changed the definition requirements for “specialty occupations,” among other aspects, in order to make applications for the H-1B Nonimmigrant Visa more challenging.[2]   The overall purpose behind the changes was to decrease reliance on the H-1B program and encourage employers to look more

DHS Proposes End Work Authorization for Aliens with Final Removal

DHS Proposes to Cancel Work Authorization For Aliens

Written by Taher Kameli & Chathan Vemuri On November 17, 2020, the Department of Homeland Security (DHS) proposed a rule to cancel work authorization for non-resident aliens, subject to final removal awaiting deportation.[2] This cancellation of work authorization would specifically apply to those aliens subject to final removal awaiting deportation that has been released from DHS custody but still lack the requisite travel documents needed to deport them from the U.S.[3]    As part of its efforts to further entrench his immigration policy during the home stretch of his Presidency, the Trump Administration

California Voters Approve Ridesharing Drivers from Labor Protections

California voters approve Uber-Lyft-sponsored proposition 22

Written by Taher Kameli & Chathan Vemuri In an earlier post, we talked about how the First District Court of Appeal in California ruled that Uber and Lyft drivers were employees and were entitled to full protections under California’s Assembly Bill 5 law (AB5) such as paid sick leave, overtime, and fair wages.[1] Around the same time, however, Uber and Lyft were sponsoring a state ballot-initiative for Election Day known as Proposition 22 that would have exempted their drivers from the protections of AB5 and identified them as “independent contractors” rather than “employees.”

State Appellate Court Classifies Uber and Lyft Drivers as Employees

Uber-Lyft Drivers either Employee or Independent Contractor

Written by Taher Kameli & Chathan Vemuri The rise of the gig economy has to new forms of work that face tremendous obstacles when it comes up against worker legislation like the NLRA. No job has become more symbolic of the gig economy than the rideshare services known as Uber and Lyft. There has long been a debate about whether Uber and Lyft drivers were either employees or independent contractors. Being the latter would exempt Uber and Lyft from giving their drives their necessary protections and benefits under the National Labor Relations Act and other

The Department of Labor’s New H-1B Wage Hike Rule Faces Overwhelming Legal and Empirical Challenges

H-1B Wage Hike implemented by Trump Administration

Written by Taher Kameli & Chathan Vemuri The Trump administration caused an uproar among employers when it implemented its Interim Final Rule on October 8th, 2020 substantially increasing the amount in wages to be paid to employees who held H-1B visas in an attempt to pressure employers to drop them in favor of a domestic American workforce.[1]   In addition to boosting wages to pressure employers to look domestically for employees, it also changed the requirements for an H-1B visa by looking not simply for a college degree but specifically for degrees in “specialty occupations”

SEC vs CFTC: two different reporting systems that require the reporting of similar data.

SEC and CFTC Record Similar Data with Two Different Systems

Written by Taher Kameli & Chathan Vemuri Over the past several years, experts have called for the Securities and Exchange Commission (“SEC”) and the Commodity Futures Trading Commission (CFTC) to harmonize their regulatory standards in order to minimize duplicative or contradictory regulatory reporting requirements.[1] Not doing so has led to market participants creating “two different reporting systems and/or processes – one for the CFTC and one for the SEC” despite both require the reporting of similar data.[2] The obstacles posed to cross-jurisdictional transparency in following the regulatory rules and the

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