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...
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.
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...
What to Expect When Applying for a TN or L-1 at the Border
Canadian citizens are eligible in most instances* to apply for TN or L-1 status directly at a Port of Entry. The process allows for a quicker decision – on the spot as opposed to waiting to hear back from USCIS – and the ability to enter the US immediately following approval if needed. Previously...
Case study: Can a petitioning company qualify for L-1 status when it does not have any related entities outside of the US?
Generally, to qualify for a L-1 Intracompany Transferee status it must be shown that the beneficiary is employed by a foreign parent, subsidiary, branch, or affiliate of the petitioning company. 8 CFR 214.2(l)(1)(ii)(A) defines an intracompany transferee as: an alien who, within three years p...
What is the Public Charge Ground of Inadmissibility for Adjustment of Status Applicants?
The Public Charge Ground of Inadmissibility is used to determine a foreign national's likelihood of becoming primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at governmen...
TN Case Study: Scientific Technician (Histology Technician/Histotechnologist)
A scientific technician works in support of engineering professionals. It is listed as a qualifying profession in Chapter 16 Appendix 2 of the United States-Mexico-Canada Agreement (USMCA) and at 8 C.F.R. § 214.6(c). As defined in the USMCA and at 8 C.F.R. § 214.6(c), a person qualifies as a s...
ALERT – USCIS completes second random selection of H-1B registrations
On July 27, 2023 USCIS announced that it would be conducting a second random selection of H-1B registrations. The second selection comes after it was determined that additional selections would be needed to meet the annual H-1B cap. All selections were made from the March 2023 registration period...
If I’m a naturalized citizen of another country, do I have to use my country of birth for the visa bulletin?
This is a common question we receive, especially when the applicant's birth country is subject to long backlogs. Generally, the visa bulletin's rule is that you must use your country of birth. This means that if you were born in China but are now a Canadian citizen, you are still subject to the...
The Basics of Applying for Citizenship
Applying for United States citizenship is a huge milestone in the immigration process. Once you become a US citizen, you are able to vote, obtain a US passport, serve on juries, apply for federal jobs, obtain certain government benefits, and even become an elected official. US citizens are also e...
FACT OR FICTION: Are B1/B2 visitors allowed to work in the US?
We have become aware that some web pages, that consider themselves immigration consultants (even though they are not US immigration attorneys), reporting that B1/B2 visitors are now eligible for work authorization. FICTION - If it sounds too good to be true, it is. B1/B2 visitors are prohibited...
ALERT - USCIS Launches Online Rescheduling of Biometrics Appointments
On June 28, 2023, USCIS launched an online self-service tool to reschedule biometrics appointments. Previously, rescheduling of biometrics appointments could only be done by calling USCIS' 1-800 number. To use the new self-service tool, you will need to create a myUSCIS online account if you do...
What is a Functional Manager?
By Daniela A. Hoegerle What is a manager? For an L-1A Intracompany Transferee Manager visa, the company petitioner must prove the beneficiary employee is a manager. An employee having managerial capacity is defined under 8 CFR 214.2(1). Managerial capacity is “an assignment within an organizati...