NEWS
Significance of Establishing a Priority Date
During the entire Green Card process, the Priority Date (PD) assumes special significance. It is this date that is used to determine when an applicant may file for Adjustment and finally adjudication to become a permanent resident. In PERM based [...]
New Proposed Rule Will Offer Longer L-1 Validity Periods based on Reciprocity Schedules
Why is the Department promulgating this rule? Current Department regulations require that L visa duration be limited to the validity period of the petition, which, under Department of Homeland Security (DHS) regulations, cannot exceed three years. Petitioners may apply to [...]
AILA Survey and Consular Issues in H-1B Visa Issuance
This office participated in an AILA survey for the AILA/Department of State Liaison Committee for an upcoming meeting with DOS. The submission through this survey is not meant for individual case resolution, but rather is being used for an overall [...]
Office of Special Counsel Issues Best Practices during Worksite Enforcement Audits
Employer Best Practices During Worksite Enforcement Audits DO Develop a transparent process for interacting with employees during the audit, including communicating with employees that the employer is subject to an ICE audit. Provide all workers with a reasonable amount of [...]
USCIS to Propose Changing the Process for Certain Waivers
On Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while [...]
NY Times Article (January 7, 2012) Reports Easier Route to Green Card Proposed for Some
Today, January 7, 2012, the New York Times reports the Obama administration officials announced on Friday that they will propose a fix to a notorious snag in immigration law that will spare hundreds of thousands of American citizens from prolonged [...]
The U.S. Consulate General in Chennai will no longer process Immigrant Visa petitions
The U.S. Consulate General in Chennai will no longer process Immigrant Visa petitions as of January 1, 2012. The U.S. Embassy in New Delhi and U.S. Consulate in Mumbai will become the only acceptance centers in India for Immigrant Visas. [...]
ICE Guidance on Procedure When School Loses SEVP Certification
What to do if your school is no longer SEVP certified If you attend an SEVP certified school that has been automatically withdrawn from SEVIS certification as a result of SEVP’s ongoing recertification process please: Don’t panic! Contact your designated [...]
F-1 Students – Go Straight To School
17 Egyptian students learned the hard way that U.S. Immigration laws are not to be trifled with. Having arrived here in July to study U.S. History and Culture with some English language training at the Unversity of Montana, 11 of [...]
DHS Announces New Initiative to Streamline International Student Visa Process
DHS announced a new initiative to streamline the international student visa process for foreign students seeking to study in the United States. The Study in the States initiative is a key component of a government-wide effort to encourage the best [...]
Redesign of the Employment Authorization Document and Citizens
U.S. Citizenship and Immigration Services (USCIS) announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Form N-560, Certificate of Citizenship, with new features to enhance security and deter fraud. As part ongoing efforts by USCIS to [...]
Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses
USCIS is publishing a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. [...]
USCIS Proposes Rule To Mandate Registration for H-1B Employers
This rule proposes to require employers seeking to petition for H-1B workers subject to the cap to first file electronic registrations with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under this proposed rule, if USCIS anticipates [...]
USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants
U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents [...]
AAO Reverses L-1 Denial Based on Qualifying Relationship
The AAO reversed the L-1 petition denial and found the petitioner only needed to document that the transfer of ownership interest between the foreign entity and existing owner occurred, noting that USCIS's focus on the purchase price was misplaced. [Courtesy- [...]
H1B and L-1 Fee Increase with Immediate Effect (8/20/10)
On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B [...]
AILA Requests USCIS Rescind Neufeld Memo
In a well reasoned Memo, the American Immigration Lawyers Association has requested the USCIS rescind the Neufeld Memo dated January 8th . Of particular interest is the portion about IT Consulting companies. The Neufeld Memo refers to this segment of [...]
Ninth Circuit Court of Appeals Strikes Down USCIS Requirements to Document Extraordinary Ability (EB1)
In a decision issued March 4th, the Ninth Circuit Court of Appeals adopted the arguments of the Legal Action Center (LAC), of the American Immigration Council, that the United States Citizenship and Immigration Services (USCIS) unlawfully imposed extra-regulatory requirements on [...]
USCIS to reissue Advance Parole documents
U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been [...]
USCIS Provides Additional Guidance on H-1B Employer-Employee Relationship in Q&A
Yesterday, 1/13/2010, the Service issued an updated guidance memo to adjudication officers clarifying the requirements to establish an employer-employee relationship to qualify for the H-1B 'specialty occupation' classification. Now, the USCIS has followed up with a Q&A. USCIS QandA on [...]