Yesterday (April 18, 2017), President Trump signed a new “Executive Order” entitled - "Buy American and Hire American." In introducing this Executive Order Trump said, "The buy and hire American order I'm about to sign will protect workers and students like you. It's America first, you better believe it. It's time. It's time, right?" the [...]
The Cleveland Thyagaraja Aradhana celebrates its 40th Anniversary in a town known more for its “Rock and Roll Hall of Fame” than for celebrating Indian classical music! However, the “Aradhana” has taken root in this largely industrial town on the shores of Lake Erie and thrived. Nothing can be more Indian than the culturally [...]
Once again, on April 3rd, the USCIS will begin accepting petitions against the FY 2018 H-1B CAP[1]. For some strange reason, USCIS suspended premium processing[2] for H-1B petitions as of April 3rd. This means, none of the H-1B CAP cases can be expedited, or adjudicated within fifteen-days. The wait adds to the uncertainty and dilemma [...]
Recent travel related Executive Orders and immigration enforcement has resulted in numerous questions regarding immigrant rights. In fact, this particular question and discussion is equally applicable to Citizens and Permanent Residents. This is because the laws and constitutional protection against unreasonable search and seizure that apply to Citizens and Lawful Permanent Residents within the United [...]
Over the past weekend, we received numerous emails to our Q&A section seeking clarification about the need to carry immigration documents while traveling inside the United States. In other words, what documents do you have to carry with you when you visit the neighborhood grocery store? The only time the Office put out clarification on [...]
In the backdrop of the Executive Orders and H.R. 670 (H.R.670 - High-Skilled Integrity and Fairness Act of 2017), we have received several questions over the past few weeks regarding the filing of H-1B Petitions for this fiscal year (April 1, 2017). Several of you want to know if salaries are going to spike for [...]
By Martin L. McCann, Esq. So, its January 2, 2017 and you’ve just hired a bright, young student. We’ll call him Jay. A citizen of India, Jay has been in the U.S. since September 1, 2012 on an F-1 Visa. He just graduated from MIT with a degree in engineering, and has applied to your [...]
Immigrant Visa Rules 1. Priority Dates and I-140 Revocation: i. The final rule fills a hole in current regulations. Existing regulations establish that the priority date of an employment-based immigrant visa petition accompanied by a labor certification is established when the labor certification is accepted for processing by DOL. Those regulations, however, do not indicate [...]
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 final rule clarifies and improves certain policies and practices in this area—policies and practices that [...]
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) first publish a Notice of Proposed Rule Making (NPRM) and solicit comments prior to enacting [...]