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 and the Administrative Appeals Office. 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.

What is Temporary Protected Status (TPS)?

Posted by Emilie (Ronald) Gough | Jan 13, 2023 | 0 Comments

TPS is a temporary status provided to nationals of specific countries designated by the Secretary of Homeland Security when ongoing circumstances in the designated country prevent its nationals from safely returning home or where the country is unable to adequately handle the return of its nation...

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2023 H-1B Cap Registration

Posted by James Eiss | Jan 04, 2023 | 0 Comments

Written by Adam Kneeland The start of a new year means the start of a new H-1B cap lottery season and the time to begin preparations for this year's H-1B cap lottery registration. But what exactly is the H-1B cap lottery, when does it happen, and how can you register employees? The registrati...

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TN Management Consultants

Posted by Emilie (Ronald) Gough | Dec 16, 2022 | 0 Comments

Qualifications TN applicants may qualify for this position by: • Holding a Baccalaureate or Licenciatura degree;• Having five (5) years of experience in the field of management consulting, or;• Having five (5) years of experience in a field of specialty related to the consultant agreement.  Jo...

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Opening a New Company in the U.S.

Posted by Emilie (Ronald) Gough | Oct 03, 2022 | 0 Comments

If you are thinking of opening a new company in the US as a non-US resident or citizen, you may feel overwhelmed with the options available. A brief summary of L-1 intracompany transferee and E-1/E-2 treaty trader and investors options is below. _______________________________ L-1 – Intracompan...

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USCIS Permanently Adopts Reproduced Signatures 

Posted by Emilie (Ronald) Gough | Sep 15, 2022 | 0 Comments

On July 25, 2022, USCIS announced that it was permanently adopting reproduced signatures. Reproduced signatures were first accepted in 2020 as part of USCIS's COVID-19 related flexibilities. The policy allows for submission of scanned, faxed, photocopied, or similarly reproduced copies of origina...

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ALERT – USCIS Reaches FY2023 H-1B Cap

Posted by Emilie (Ronald) Gough | Aug 23, 2022 | 0 Comments

On August 23, 2022 USCIS announced that it has reached the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption (“master's cap”) for fiscal year (FY) 2023. All applicants not selected in the cap should see their online account updated to re...

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Changes to Automatic Employment Authorization Document (EAD) Extensions

Posted by Emilie (Ronald) Gough | Aug 03, 2022 | 0 Comments

Effective May 4, 2022, USCIS introduced a Temporary Final Rule regarding automatic extensions for certain EADs. The Temporary Final Rule provides an additional 360-day automatic EAD extension period for certain categories that already benefit from USCIS’s prior 180-day automatic EAD extension. The Temporary Final Rule is in effect through October 26, 2023. 

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New final rule: expansion of the 240-day rule and more

Posted by James Eiss | Mar 08, 2016 | 0 Comments

USCIS has issued a final rule, effective as of February 16, 2016, impacting the H-1B1 (specialty occupation workers from Chile and Singapore), E-3 (specialty occupation workers from Australia), and CW-1 (Northern Mariana Islands CNMI-only transitional workers) nonimmigrant categories... By Tabi...

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DHS Further Restricts Visa Waiver Travel

Posted by James Eiss | Mar 01, 2016 | 0 Comments

The Visa Waiver Program permits nationals of certain low-risk countries to enter the U.S. for a period of up to 90 days as a visitor without first obtaining a visa from a U.S. Consulate abroad. The Visa Waiver Program permits nationals of certain low-risk countries to enter the U.S. for a period...

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The 2016 H-1B Cap Season is Here

Posted by James Eiss | Feb 19, 2016 | 0 Comments

The H-1B visa is a nonimmigrant visa issued to workers coming to the United States to perform work within one of the designated specialty occupations. Written by: Noelle McLaughlin The H-1B visa is a nonimmigrant visa issued to workers coming to the United States to perform work within one of ...

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USCIS Publishes Proposed Rule to Implement AC21

Posted by James Eiss | Feb 16, 2016 | 0 Comments

On December 31, 2016, USCIS published a comprehensive Proposed Rule in the Federal Register. If the rule is made Final... On December 31, 2016, USCIS published a comprehensive Proposed Rule in the Federal Register. If the rule is made Final, it will, after more than 15 years, create the first se...

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Retaining Non-Expired EAD at Conclusion of AOS Interview

Posted by James Eiss | Feb 04, 2016 | 0 Comments

Applicants for Permanent Residency in the United States are able to acquire employment authorization while they are waiting to adjust status. By Noelle McLaughlin Applicants for Permanent Residency in the United States are able to acquire employment authorization while they are waiting to adjus...

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Visa Validity and INA 222(g)

Posted by James Eiss | Jan 26, 2016 | 0 Comments

What is a Visa What Is the Significance of Its Validity Period? By Noelle McLaughlin What is a Visa & What Is the Significance of Its Validity Period? A visa is a stamp affixed in a foreign national's passport which grants to the bearer permission to apply for admission to the United States. Fo...

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What is Port Parole?

Posted by James Eiss | Jan 18, 2016 | 0 Comments

Not to be confused with the Humanitarian Parole which USCIS grants in limited circumstances, Port Parole is a unique authority reserved to U.S. Customs and Border Protection at the port of entry. Not to be confused with the Humanitarian Parole which USCIS grants in limited circumstances, Port Pa...

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