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...
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.
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...
Removing conditions on your green card in marriage-based cases
If you have been married for less than 2 years at the time you become a permanent resident, then you will become a conditional permanent resident. The conditional residence will also be extended to any derivative children. This means that your green card will be only valid for an initial 2-year p...
Options available to R-1 Religious Workers following the EB-4 Visa Bulletin Retrogression
In April 2023, the EB-4 and religious workers categories in the Department of State Visa Bulletin went from having a different priority date for each country column to the same priority date for the entire category. The change was a result of the removal of a separate country column for El Salvad...
ALERT - Form I-9 Flexibilities Ending July 31, 2023
Effective July 31, 2023, Department of Homeland Security will be ending the COVID-19 related flexibilities for Form I-9 compliance. The flexibilities, first announced in March 2020, allowed employers to review an employee's identity and employment authorization documents virtually. Physical ins...
Changing Your Address with USCIS
All noncitizens in the United States are required to notify USCIS of a change of address within 10 days of moving (with the exception A and G visa holders and visa waiver visitors) regardless of if they have a pending petition. It is necessary to do this even if you have already changed your ad...
Overview of the E-3 Visa Process
By Daniela A. Hoegerle What is E-3? E-3 visas, or Specialty Occupation Professionals from Australia visas, are for Australian nationals who wish to enter the United States as a nonimmigrant for temporary employment. The visa was created by an Act of the U.S. Congress as a result of the Australi...
R-1 vs. B-1 – Nonimmigrant Options for those in Religious Roles
Religious workers or leaders coming to the United States in a temporary, nonimmigrant basis may choose to apply for R-1 or enter as a B-1 Visitor for Business. The best option for each individual case will depend on a variety of factors including the length of time to be spent in the United State...
ALERT – COVID-19 Vaccination Requirement to be Dropped for International Travelers
On May 1, 2023, the White House announced that the COVID-19 vaccine requirements for international, non-citizen air travelers coming to the United States will be lifted at the end of the day on May 11, 2023. The White House went on to state that Department of Homeland Security will be beginning t...
Using a Blanket Petition for Transferring Intracompany Transferees
Obtaining a Blanket Approval as a Petitioning Employer Multinational corporate petitioners can, in some instances, seek to obtain a Blanket Approval for L-1 intracompany transferees. The purpose of a Blanket Approval is to establish and document the required intracompany relationships between th...
ALERT - H-1B Initial Electronic Registration Selection Process Completed
On March 27, 2023 USCIS announced that it has received enough electronic registrations during the initial registration period to reach the FY2024 H-1B cap and master's cap. A random selection was made and all successful registrants have now been notified of selection. Those who entered registra...
How to File Electronically with USCIS
USCIS has been expanding its online filing for certain forms. There are many benefits to filing online, such as immediately receiving copies of notices and confirmed delivery to USCIS upon payment of fees. A step-by-step guide on how to use the USCIS Online Account system is below. Forms can be...
ALERT – USCIS Expands Premium Processing to Certain OPT and STEM OPT Extensions
USCIS announced that it is expanding its Premium Processing option to include certain F-1 students seeking Optional Practical Training (OPT) and STEM OPT extensions. Applications using Premium Processing will have action taken on the case within 30 calendar days. The filing fee for OPT and STEM O...
Stateside visa stamping announced for this year
Bloomberg is now reporting that by the end of this year the State Department will implement a program allowing visa renewal within the U.S. for non-immigrants seeking H or L visa stamping, including first time applicants. Because a valid visa stamping is required to enter into the U.S., the move...
What is Temporary Protected Status (TPS)?
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...
2023 H-1B Cap Registration
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...
Travel With Advance Parole and a Pending Adjustment of Status
Advance Parole is a travel document issued by USCIS which authorizes applicants with a pending Form I-485, Application to Register Permanent Residence or Adjust Status to lawfully return to the United States after international travel. A pending I-485 will be considered abandoned if you leave ...