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New Rules Affecting Certain Employment Based Immigrant and Nonimmigrant Visa Programs – Part 2
Summary and Nonimmigrant Visa Rules These regulations have been long awaited and codify certain sections of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) AND the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). This [...]
New Rules Affecting Certain Employment Based Immigrant and Nonimmigrant Visa Programs – Part 1
On January 17, 2017, new rules[1] will go into effect to amend, “modernize and improve” certain aspects of the employment based immigrant and nonimmigrant visa programs. Administrative law requires that a Federal Agency (such as the Department of Homeland Security) [...]
Immigrants Must Challenge the Status Quo on Immigration Reform
Over the weekend, I was listening to NPR’s TED Radio Hour with Guy Raz and it featured a rebroadcast of a TED Talk given in September by NALP (New American Leaders Project) President and Scholar, Sayu Bhojwani entitled, “How Immigrant [...]
Should I Complete the I-983 When I Plan to have the Student work at an End-Client Site?
Sometimes, Attorneys have to be able to read not only what is expressly stated in the rules, but also what is carefully left out. I have had several clients calling me for the past several weeks to inquire after the [...]
When NOT to File an Amended H-1B Petition
Over the past couple of months, clients have been emailing and calling to understand when they are NOT required to file an amended petition. For instance, one caller wanted to know what would happen if the employee returns from a [...]
FAQ on filing I-485
SINCE THIS FAQ WAS RELEASED, THE VISA BULLETIN FOR OCTOBER HAS BEEN REVISED. THE NOVEMBER VISA BULLETIN IS AVAILABLE ON OUR WEBSITE AT WWW.KIDAMBI.COM Q. Why is the new (October) Visa Bulletin different? A. The visa modernization initiative announced by [...]
When Coaches Come Calling – The Comparable Evidentiary Standard in O-1 Visa Processing
Michael Jordan, Steffi Graf, the UConn Women’s Basketball Team, Deion Sanders… other than incredible success, what do think they have in common? They all had incredibly good and hardworking coaches with a knack for producing winners – Phil Jackson, Peter [...]
Simeio Solutions, LLC – USCIS Attempts to define “Material Change” in the H-1B Context
“Material change” has been a prickly issue in the H-1B context. The USCIS has been grappling with it for years. As far as back as 1988, where materiality was defined in the context of Naturalization, the legacy INS dealt with [...]
Does Change in Work Location Require an Amended Petition?
First, we need to turn our attention to an Administrative Appeals Office decision dated June 29, 2013 from a Vermont Service Center denial. The AAO decision reiterates what the California Service Center stated during an AILA-CSC Liaison Meeting: AILA Info [...]
Client Expectations and the Art of Serving Immigrants
I believe one should always work with the client in knowing their expectations and then setting realistic goals. Not knowing what your client wants is the biggest disservice you can do to their trust in your ability to deliver for [...]
The ASVVP Extended to L-1 Visas – Raising the Standard of Evidence in Immigration Proceedings
On April 24th, the Office participated in a stakeholder teleconference to discuss the extension of the Administrative Site Visit and Verification Program (ASVVP) to L1 visas. The ASVVP is a site-inspection program designed to complement the Department of Homeland Security’s [...]
The P-1 Visa for Tennis Professionals – Game, Set, Match!
As I sat watching Alexandr Dolgopolov take out the Australian Open Champion – Stanislas Wawrinka at the Miami (SONY) Open, I was impressed with what this remarkable Ukrainian had achieved, just two weeks after defeating Rafael Nadal at the Indian [...]
California Service Center issues RFE on Every Other L-1B Petition!
In 2013, the California Service Center issued a Request for Evidence on almost every other Petition filed for L1B classification. This information is based on Statistics recently obtained in response to a FOIA request for FY2012 and 2013 from [...]
FY 2015 H-1B Cap Subject Petitions – Instructions for Filing
Checklist of instructions for filing FY 2015 H1B petitions
Our Cleveland Connection – The Thyagaraja Aradhana
Each year, around Easter Holiday weekend, The State of Ohio declares1 certain days as – “Saint Thyagaraja Days”, being dedicated to the enjoyment and nurturing of a uniquely South Asian - Indian tradition, the celebration of the classical music compositions [...]
Taking Up ‘Legal’ Immigration Now Could Set the Tone for Future Cooperation
In a welcome gesture, on December 4th Speaker Boehner hired Senator McCain’s long time immigration advisor and Director of Immigration Policy of the Bipartisan Policy Center (BPC) – Rebbeca Tallent. In a press release on the Bipartisan Policy Center’s website, [...]
‘Comprehensive Immigration Reform’ – Nominated for Banished Words of 2013
Every year since 1976, Lake Superior State University (LSSU) has released a "List of Words Banished from the Queen's English for Misuse, Overuse and General Uselessness". Nominations are offered for words and phrases that are best left out of our [...]
Why Is the U.S. Dragging its Feet on Business Immigration Reform?
The Congressional Budget Office (CBO) analyzes trends in immigration and policy proposals that would affect immigration and states on its website that, Of the 40 million foreign-born people living in the United States in 2011, about 22 million were [...]
We Are Not Open For Business – the Death of the L-1B Visa Program
At the request of Senator Charles Grassley, the Department of Homeland Security Office of Inspector General2 examined the potential for fraud or abuse in the L-1 intracompany transferee program and concluded among other things: Although U.S. Citizenship and Immigration Services regulations and [...]
Tribute to Frank Lautenberg – Champion of Immigrant Causes
On September 12th 2000, I traveled to The Hart Senate Office Building on Constitution Avenue and 2nd Street, NE in Washington DC to meet with and to urge Members of Congress to support among other things, H-1B legislation, restoration of [...]