Latest news with #FormI-129
Time of India
5 days ago
- Business
- Time of India
H-1B cap cases denied because of digital signatures? All you need to know
Several cases of H-1B petition being denied were reported because of digital signatures which the agency is not accepting any more. Some immigration law offices that deal with H-1B petitions have raised an alert that they are seeing denials of benefit requests over the validity of signatures. The US Citizenship and Immigration Services intensified their scrutiny of signature compliance in H-1B petitions, they said, which led to a growing number of Notices of Intent to Deny (NOIDs). Going by the rule, all signatures on Form I-129 forms must be valid handwritten signatures and not electronically inserted or duplicated. What's creating the confusion? During the Covid-19 pandemic, the USCIS allowed electronically reproduced signatures but now they are canceling forms that do not have handwritten inked signatures or a valid reproduction of the original. "In recent adjudications, USCIS identified multiple I-129 petitions in which all required signatures appeared identical across pages, suggesting the use of a scanned image or digital copy. USCIS emphasized that such uniformity is inconsistent with the natural variation of genuine ink signatures and determined these signatures were not compliant with applicable regulations and instructions. The agency concluded that the petitions had not been properly signed and therefore could not be adjudicated favorably," Law office of Thomas V Allen said. The law office said that in one case, the USCIS noted that all three signatures required on Form I-129 were identical, indicating that it was a digital signature. In another case, USCIS rejected newly submitted signature pages where the ink signatures did not match or could not be verified as originating from the original submission. Steps to avoid rejections A valid signature must be handwritten by the signatory. A A photocopy or scanned copy of a document containing an original ink signature is acceptable, as long as the original document was physically signed. Signatures created by a typewriter, word processor, auto-pen, or pasted as images do not satisfy the requirement. USCIS does not provide an opportunity to cure or correct a deficient signature once filed leading to outright denial of such petitions.
Hindustan Times
5 days ago
- Hindustan Times
US warns foreign workers of serious legal repercussions, citing recent H-2A visa violation; ‘Aliens who fail to…'
Amid Donald Trump's crackdown on illegal immigrants, the US Citizenship and Immigration Services issued a stern warning to those foreign nationals who may have arrived in the US on a work visa and broken immigration rules and regulations. In its warning, the USCIS even provided a real-world example of a person who was meant to be working in Florida on an H2A visa but failed to inform his employer. In its warning, the USCIS even provided a real-world example of a person who was meant to be working in Florida on an H-2A visa but failed to inform his employer. 'Aliens who enter the US on an employment visa but fail to report to their designated employer or leave the job without returning to their home country are in violation of immigration laws and will face legal consequences,' read a post from the official USCIS page on X, which outlined the US' stringent warning for those with employment visas. Authorities located an H-2A visa holder in Fresno, California, after the person failed to report back to their employer in Florida. Also Read: US visa bulletin: Employment-based visas at risk of unavailability, Indian applicants can still file for F2A green cards 'You can be removed from the US', says USCIS The US Immigration and Customs Enforcement (ICE) is currently handling the case. Given ICE's history of handling such cases, the person might even face deportation in the future. Additionally, the post's graphic card stated, "You are responsible for following the terms of your visa. If you violate them, you can be removed from the US.' What is an H-2A visa? All about US hiring of temporary agricultural workers The purpose of the H-2A visa is to offer protection to temporary agricultural workers. According to the official USCIS website, this program essentially permits American companies or agents 'who meet specific regulatory requirements to bring foreign nationals' to the US and hire them for temporary agricultural labor. Companies that hire these people are required to submit Form I-129, Petition for a Nonimmigrant Worker, on behalf of the potential employee. The petitioner submitting the application must guarantee that the position they are offering is temporary or seasonal in order to be eligible for the H-2A classification. In addition, companies need to provide evidence that there aren't enough US workers who are "able, willing, qualified, and available to do the temporary work." The petitioner must demonstrate that hiring H-2A workers won't have a negative impact on the salary and employment conditions of similarly employed US workers, as per the USCIS.
&w=3840&q=100)
Business Standard
08-08-2025
- Business Standard
USCIS warns immigrants: Break visa terms and you risk removal from US
You are responsible for following the terms of your visa. If you violate them, you can be removed from the United States. This was the stern warning issued by the US Citizenship and Immigration Services (USCIS) on Friday, addressing foreign nationals on US work visas, including the H-1B visa popular among Indians. 'Aliens who enter the US on an employment visa but fail to report to their designated employer or leave the job without returning to their home country are in violation of immigration laws and will face legal consequences,' said the official USCIS page on X, formerly Twitter. The agency cited the example of a worker on an H-2A visa who failed to report back to their employer in Florida. The individual was later traced by officials in Fresno, California. The case is now with US Immigration and Customs Enforcement (ICE). Indians are not eligible for the H-2A programme, which is for temporary agricultural workers. What is the H-2A visa? The H-2A visa allows temporary agricultural workers to enter the US. According to USCIS, the programme enables American employers or agents 'who meet specific regulatory requirements to bring foreign nationals' for seasonal or temporary agricultural jobs. Employers hiring such workers must: • File Form I-129, Petition for a Nonimmigrant Worker, on behalf of the prospective employee • Prove the job is temporary or seasonal • Show there are not enough US workers 'able, willing, qualified, and available' to perform the work • Demonstrate the employment will not adversely affect wages or conditions of US workers in similar roles How long can you stay on an H-2A visa? USCIS may grant H-2A status for the period authorised on the temporary labour certification. Extensions can be granted in increments of up to one year, but each request must be supported by a new, valid certification. • Maximum stay allowed: 3 years • After 3 years, the worker must leave and remain outside the US for at least 60 consecutive days before reapplying for H-2A status • Proof of absence may include arrival and departure records, foreign tax returns, or overseas employment records H-1B holders also under scrutiny While the H-2A case was used as an example, the warning covers all US work visas. H-1B visas are not automatically cancelled for overstaying in another country, but extended absences can draw attention from border officers. Last month, three Indian nationals with valid H-1B visas were refused entry into the US and had their visas revoked. They said on social media that US Customs and Border Protection officials cancelled their visas because they had stayed in India for more than 60 days, despite holding valid documents. 'There is no period of limitation or cut-off specified,' Palak Gupta, advocate and associate at Jotwani Associates told Business Standard. 'The form I-797 from USCIS mentions that a person can enter the US from 10 days before the start of employment, but beyond that, it remains open-ended.' She added, 'However, it is advisable to enter within a month or two after the visa is stamped.' Ajay Khatalawala, managing partner at Little & Co, said prolonged absences can create difficulties even if the visa remains valid. 'If the individual remains outside the United States for many months, immigration officers at the port of entry may closely examine whether the employment relationship is still valid. This is particularly the case if the sponsoring employer has not provided recent pay stubs or employment letters. In such situations, questions may arise about job continuity,' he said.
NDTV
02-08-2025
- Business
- NDTV
O-1 Visa For US: Application Process And Why It Is Gaining Traction Among Indians
O-1 Visa For US: The O-1 visa is gaining significant popularity among Indian professionals seeking job opportunities in the United States. This specialised non-immigrant visa is intended for individuals with "extraordinary ability" in fields such as STEM (Science, Technology, Engineering, and Mathematics), the arts, education, business, athletics, or the film and television industry. Often seen as an alternative to the H-1B visa, the O-1 visa is praised for its high approval rates-though it does come with some backlogs. How Does the O-1 Visa Work? The O-1 visa permits entry to individuals who have demonstrated a high level of achievement in their field, either in STEM or in the motion picture and television industry. Applicants must be recognized nationally or internationally for their accomplishments. To apply for the O-1 visa, a U.S. employer, U.S. agent, or a foreign employer through a U.S. agent must file Form I-129 on the individual's behalf. Visa holders can stay in the U.S. for up to three years, with extensions possible if more time is required to complete the initial event or project. While the application cost for an O-1 visa is higher, it boasts a success rate of over 90 per cent, significantly better than the H-1B. Applicants in STEM fields must apply using Form O-1A, while those in the film or TV industry must use Form O-1B. O-1 Visa Gaining Popularity Among Indian Professionals According to data from the U.S. Department of State, O-1 visa issuances rose from 8,838 in FY2020 to 18,994 in FY2023. Indian nationals have played a major role in this surge. In 2023, Indians ranked as the third-largest group of O-1 recipients, with 1,418 approvals-trailing only the United Kingdom and Brazil. While 225,957 H-1B visas were approved in FY2024 compared to 22,669 O-1 approvals, the H-1B visa has recently shown signs of decline. Meanwhile, O-1 approvals are steadily rising as more professionals explore this promising alternative.
Hindustan Times
27-07-2025
- Business
- Hindustan Times
Laid-off H-1B workers receiving deportation notices before 60-day grace period ends
Many instances of H-1B visa holders receiving Notices To Appear (NTAs) within their 60-day grace period have started to surface, as reported by Greenberg Traurig. Under previous rules, H-1B visa holders were allowed a 60-day grace period to stay in the United States in case their employment got terminated either voluntarily or involuntarily. During this period, they were allowed to take action such as filing for a change of nonimmigrant status, filing an application for adjustment of status, applying for a compelling circumstances employment authorization document, or submitting a nonfrivolous petition to change employers in order to continue living in the country for the long term. Laid-off H-1B visa holders are receiving deportation notices during 60-day grace period.(Representational Image) Also Read: USCIS visa bulletin August 2025 brings major relief for Indian applicants | All updates explained What does the USCIS say on the matter? The official website of the United States Citizenship and Immigration Services (USCIS) carries a page outlining 'Options for Nonimmigrant Workers Following Termination of Employment'. 'If one of these actions occurs within the up to 60-day grace period, the nonimmigrant's period of authorized stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant status. If the worker takes no action within the grace period, they and their dependents may then need to depart the United States within 60 days, or when their authorized validity period ends, whichever is shorter,' the website states. 'Nonimmigrant status is typically based on an approved Form I-129, Petition for a Nonimmigrant Worker, or, after admission, a subsequently approved Form I-539, Application to Extend/Change Nonimmigrant Status. A period of authorized stay typically includes the period when a timely filed nonfrivolous petition or application requesting an extension of stay or change of status is pending with USCIS.' The page, however, has now been archived. This implies that the information carried on the page is now out of date, but the content is still available for viewing and reference purposes. Also Read: 'This is dire': Youngsters call for 'elimination' of H-1B visa program amid job crisis Why the sudden change? In addition, the regulations also specify that the 'DHS may eliminate or shorten this 60-day period as a matter of discretion'- a power that seems to now be in use by authorities. Use of this discretionary power now allows the administration to issue NTAs to H-1B visa holders. An NTA is usually considered the first step in removal proceedings. There has been no official announcement from the Department of Homeland Security or the USCIS in regards to changes in policy. By Stuti Gupta
