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More Employers Now Qualify for H-1B Cap Exemption

man wearing suit with crossed arms

  A new rule has broadened the definition of nonprofit and government research organizations for H-1B cap exemptions. Organizations no longer need to prove that research is their primary activity—only that it is a fundamental part of their operations. This makes it easier for more institutions to qualify for cap-exempt H-1B sponsorship, which would allow…

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Key Changes to Specialty Occupation Rules for H-1B Petitions

citizen

  The definition of “specialty occupation” for H-1B visa petitions has been updated to provide more flexibility in the types of degrees required. The rule now clarifies that a specialty occupation normally requires a bachelor’s degree, but it does not always have to be a specific degree for a specific position. Employers can now accept…

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VAWA Eligibility: What If My Abuser Left the Country?

a woman standing with a suitcase

      If you have experienced abuse by a U.S. citizen or lawful permanent resident and are considering applying for relief under the Violence Against Women Act (VAWA), you may wonder if you still qualify if your abuser is no longer in the U.S. The answer is yes, you may still be eligible for…

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VAWA Option for TPS Holders

VAWA options for TPS HOLDER WITH Atty. Agrawal's image

      If you have Temporary Protected Status (TPS) and are experiencing abuse from a U.S. citizen or lawful permanent resident spouse, parent, or child, you can apply for relief under the Violence Against Women Act (VAWA). Having TPS does not prevent you from submitting a VAWA self-petition.   TPS is a temporary immigration…

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VAWA Approved in Just 5 Months

Form I 797C with Atty. Agarwal's image

  We recently helped a client obtain a VAWA (Violence Against Women Act) approval in just five months, far faster than the average processing time of 41.5 months. Here’s how we achieved this result.     Our client was facing serious health issues, which made their case urgent. We filed an expedite request, submitting medical…

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How the Laken Riley Act Could Impact Your Immigration Case

  Dear Friends,   On January 29, 2025, President Donald Trump signed the Laken Riley Act into law, marking a significant shift in U.S. immigration policy. Named after a Georgia nursing student tragically killed by an undocumented Venezuelan immigrant, the law mandates the detention of undocumented individuals who have been arrested, charged, or convicted of certain offenses, including theft-related crimes and assaulting law enforcement officers.…

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Understanding the New I-129 Deference Rule and Its Impact

USCIS- Form I -129

  USCIS has reinstated the practice of giving deference to prior approvals for petitions filed on Form I-129, the Petition for a Nonimmigrant Worker. This new regulation requires USCIS adjudicators to defer to previous approvals when the same employer, beneficiary, and job duties remain unchanged. This rule applies to all visa categories filed on Form…

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Expanded Cap Exemptions Under the New H-1B Modernization Rule

H1-B visa word with USA flag

  H-1B Modernization Rule Now in Effect   The H-1B Modernization Rule took effect on Friday, January 17th, updating key aspects of the H-1B visa program to improve clarity, compliance, and efficiency. Proposed in October 2023, the rule includes significant updates that impact employers and foreign professionals.   Deference for Form I-129 Petitions The rule…

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Know Your Rights in the Event of an ICE Raid on Your Home

man with ICE logo

If ICE (Immigration and Customs Enforcement) conducts a raid at your home, it’s important to know your rights and how to respond. Understanding what to do during an ICE raid can help protect you and your family. Please remember you are still protected by the U.S. Constitution and can enforce your rights even if you…

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10.0Pratibha Kanive Agarwal
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Agarwal Law Group

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Washington DC 20005