By Adam J. Kneeland With USCIS's recent confirmation of this year's registration schedule, we have officially entered the FY 2025 H-1B cap season. This year brings some significant changes that will affect how USCIS selects candidates. New Changes to Registration Starting this year, USCIS w...
Immigration Newswire
Immigration law is composed of statutes, regulations, case law and non-binding agency guidance. The primary statute with which we deal as immigration attorneys is the Immigration and Nationality Act.
The regulations we reference are all included in various volumes of the Code of Federal Regulations (“CFR”). We primarily use 8 CFR, which is USCIS regulations; 20 CFR, which is Department of Labor regulations; and 22 CFR, which is Department of State regulations.
In addition, we cite to precedent decisions by the Board of Immigration Appeals (BIA) and the Administrative Appeals Office (AAO).
Finally, the various federal agencies with which we deal provide frequent administrative guidance which is not binding but which governs their internal policies.
By providing you with the latest immigration legal news, we hope to offer practical insights into the ways various legal provisions are being construed by the government.
USCIS Final Rule Makes Significant Change to Filing Fees for the First Time in Seven Years
On January 30, 2024, United States Citizenship and Immigration Services (USCIS) announced that it would be making significant changes to filing fees for certain immigrant and naturalization requests. For the first time since 2016, USCIS published the Final Rule to adjust filing fees for various nonimmigrant, immigrant, and naturalization forms. The Final Rule goes into effect on April 1, 2024. Any application or petition that is postmarked on or after this date must include the proper forms and filing fees established under the Final Rule. Here are some key pieces of information to know before the new changes apply.
How to become a U.S. citizen through military service for you or your family
By Daniela A. Hoegerle Who is eligible? In order to apply for citizenship, the military member must meet all the requirements of either section 328 or 329 of the INA. If the military member served honorably in the U.S. armed forces for at least one year at any time, he or she may be eligible to...
Overview of the Immigration through Adoption Process
By Daniela A. Hoegerle What are the ways to bring my adopted child to the U.S.? The first way to bring an adopted child born abroad to the United States is through the Orphan process, which generally requires the adopting parent to file Form I-600A, Application for Advance Processing of an Orph...
Overview of the Fiancé-based Visa Process
By Daniela A. Hoegerle Is my fiancé eligible?A petitioner may be eligible to bring his or her fiancé(e) to the United States on a fiancé(e) visa if the petitioner meets the following requirements:• He or she is a U.S. citizen;• He or she and his or her fiancé(e) intend to marry one another...
Premium Processing Filing Fees to Increase in February 2024
On December 27, 2023, USCIS announced that it would be increasing the Premium Processing filing fees in 2024 to account for inflation. The new fees will take effect on February 26, 2024. All Forms I-907, Request for Premium Processing Service postmarked on or after February 26, 2024 will be requi...
How do I petition for my foreign spouse who is already in the U.S.?
By Daniela A. Hoegerle Is my spouse eligible? A spouse, for immigration purposes, is a legally wedded husband or wife. Mere cohabitation does not qualify as marriage for immigration. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where th...
Everything you need to know about the domestic H-1B visa renewal pilot program
We've finally learned the exact details of the 2024 domestic H-1B visa renewal pilot program expected to start in 2024. In details published in the Federal Register, we have learned the following information: How many applications will be accepted? 20,000 total, with 4,000 application slots ...
The Basics of ESTA
ESTA, or the Electronic System for Travel Authorization, “is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP).” Eligible applicants can submit their ESTA application online at any time before travel to the United...
What is the difference between a "visa" and “status”?
The terms “visa” and “status” are often used interchangeably in informal discussions about the immigration process. However, in immigration law there is a distinct difference between these terms. Having a valid visa does not automatically mean you have a status in the United States. In fact, you ...
The Basics of Automatic Visa Revalidation
Automatic visa revalidation (AVR) is a provision of immigration law that allows certain qualifying individuals to re-enter the United States after a brief trip of 30 days or less to Mexico, Canada, or “adjacent islands”* with an expired visa. Who is eligible for AVR? Nonimmigrants who: Hav...
Applying for Citizenship as a Spouse of a US Citizen or Victim of Battery or Extreme Cruelty from a US Citizen Spouse
Generally, Lawful Permanent Residents (LPR) are eligible to apply for citizenship after 5-years of having their green card. Certain residency and physical presence requirements must be met in order to apply for naturalization. Any lawful permanent resident who is a spouse of a US citizen – or w...
Teachers in B-1 Missionary Status
by Adam J. Kneeland B-1 is a status most commonly a short-term status used by people visiting the US for business; however, it is also an option for applicants pursuing religious/missionary activities, including teaching at religious schools. Using the B-1 for religious instruction is often misu...
Proposed Changes to H-1B Program
by Adam J. Kneeland On October 20th, the Department of Homeland Security announced a list of proposed changes to current H-1B rules intended to improve the efficiency and integrity of the H-1B program. The most relevant/significant changes include the following: H-1B petition changes Revisin...
There’s an error on my I-94. How can I fix it?
When entering the United States as a visitor or nonimmigrant, you should always check your I-94 to ensure that Customs & Border Protection (CBP) has admitted you in the correct status and for the correct length of time. For example, if you have an H-1B approval valid through 01/02/2024, you wil...
What is a nunc pro tunc extension?
When filing for an extension of nonimmigrant status, the extension must be filed prior to the expiration of your current status. An extension of status request filed where your existing status has already expired would be voided, because there would be no existing status to extend. However, in so...
UPDATE: Stateside H-1B Visa Renewal Expected to Begin in Early 2024
On October 18, 2023 Department of State sent a Federal Register notice titled “Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens” for an initial regulatory review. More details will be released once the final version of the notice is...
What is a specialty occupation?
co-authored by Adam J. Kneeland The H-1B, H-1B1, and E-3 visa classifications require the foreign national to be entering the US for employment in a specialty occupation. 8 CFR 214.2 (h)(4)(ii) defines specialty occupation as: an occupation which requires theoretical and practical applicati...
What is specialized knowledge?
The L-1 visa for intracompany transferees has two classifications – L-1A for managers/ executives and L-1B for specialized knowledge employees. Qualifying as a specialized knowledge employee can be challenging. USCIS can put L-1B cases under a lot of scrutiny to ensure the case legitimately inv...
What are the benefits of hiring an immigration attorney?
Choosing to hire an immigration attorney can be hugely beneficial to your case. At the Law Offices of James D. Eiss, our firm can assist you in one of three ways. First, we offer full service representation that includes preparation and submission of your forms. We are there to answer your ques...
BREAKING - USCIS Eliminates Biometric Services Fee for all Form I-539 Applicants
Beginning October 1, the $85 biometrics fee will no longer be required for ANY Form I-539 filing. Biometrics appointments will no longer be scheduled, unless otherwise deemed as necessary, for applications postmarked October 1 or later. Those filing for a change of status to H, E, or L statuses ...
BREAKING – Venezuela Temporary Protected Status is Extended and Redesignated
Department of Homeland Security announced on September 20, 2023 that the Temporary Protected Status (TPS) designation for Venezuela is being extended for an additional 18-month period. The current designation period is valid to March 10, 2024. TPS eligibility for Venezuelans will be also redesi...
What is a FOIA Request?
The Freedom of Information Act (FOIA), 5 U.S.C. § 552, is a federal law that requires disclosure of information and documents upon request. Once a request is submitted, the agency from which you are requesting documents will process your request and return all reasonable documents found in relati...
Can I enter the US as a snowbird and continue to work remotely for my Canadian employer?
The rise of remote work during and following the COVID-19 pandemic means you can essentially work from anywhere. If you own a vacation property in the US or are planning an extended vacation, you may be wondering if you can continue working remotely for your foreign employer while here. But, is t...
Can my H-4 spouse work in the US?
H-4 spouses are eligible to apply for work authorization from USCIS if the H-1B principal: Has an approved Form I-140 Immigrant Petition or Has an approved successor form or Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Centu...