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...
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.
DHS Further Restricts Visa Waiver Travel
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...
The 2016 H-1B Cap Season is Here
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 ...
USCIS Publishes Proposed Rule to Implement AC21
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...
Retaining Non-Expired EAD at Conclusion of AOS Interview
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...
Visa Validity and INA 222(g)
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...
Federal Court Grants USCIS 90-Day Extension of STEM OPT Rule
As we previously reported, a federal court, in August 2015, struck down the STEM OPT provision because USCIS failed to follow the proper procedures in implementing it. As we previously reported, a federal court, in August 2015, struck down the STEM OPT provision because USCIS failed to follow th...
What is Port Parole?
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...
H-1B Amendments for Third Party Placement Situations: Travel Timing Issues
As we previously reported, the AAO precedent decision, Matter of Simeio Solutions, Inc., dramatically changed the requirements for when an amended H-1B petition must be filed... As we previously reported, the AAO precedent decision, Matter of Simeio Solutions, Inc., dramatically changed the requ...
New Filing Fees Imposed on Certain H and L Employers Effective Immediately
On December 18, 2015, Congress passed an omnibus spending bill that includes several immigration related provisions... On December 18, 2015, Congress passed an omnibus spending bill that includes several immigration related provisions, including a large fee hike on L-1 and H-1B petitions in case...
Congress Mandates Changes to Visa Waiver Program
On December 8, 2015, Congress passed H.R. 158, an Omnibus spending bill, which included an Act to amend the Visa Waiver Program (VWP). That portion of the bill is titled The Visa Waiver Program Improvement Act of 2015. The impetus for the changes, which restrict usage of the VWP, was the November...
Can I Port From a Status Other than H-1B?
The American Competitiveness In the Twenty-First Century Act, or AC21, section 105(a), created an important benefit for H-1B nonimmigrants known as H-1B portability. (This is not to be confused with the permanent portability provision, also created by AC21). The American Competitiveness In the ...
New USCIS Policy: Same or Similar Occupation Classifications for the Purpose of Job Portability
USCIS releases memorandum on determining whether a new job is in the same or similar occupational classification for the purposes of Section 204(j) job portability. By Noelle McLaughlin For background on Permanent Portability Under the American Competitiveness in the Twenty First Century Act, o...
What Is a Management Consultant, really?
The North American Free Trade Agreement (NAFTA), Appendix 1603.d.1, contains a list of professions, the members of which may enter the U.S. to work... The North American Free Trade Agreement (“NAFTA”), Appendix 1603.d.1, contains a list of professions, the members of which may enter the U.S. to ...
Department of State Issues Final Rule on Procedures for Issuing Visas
On November 2, the Department of State (DOS) issued a final rule regarding procedures for issuing visas. By Tabitha O'Connell On November 2, the Department of State (DOS) issued a final rule regarding procedures for issuing visas. 22 CFR 41.113 is being amended to remove the mention of a visa ...
Updates on STEM OPT Program and Comment Period for New Rules
In 2014, the Washington Alliance of Technology Workers filed a lawsuit against the Department of Homeland Security (DHS) which claimed that DHS had overstepped their authority by implementing an interim rule in 2008 that expanded the OPT (optional practical training) program for students with STE...
Permanent Portability Under AC21
The American Competitiveness in the Twenty First Century Act (P.L. 106-313), or AC21, provides permanent portability for long delayed applicants for adjustment of status. The American Competitiveness in the Twenty First Century Act (P.L. 106-313), or AC21, provides “permanent portability” for lo...
Joint Sponsorship for Family-Based Permanent Residence Applications
As part of the process of immigrating to the U.S. based on an I-130 petition, it is required that the I-130 petitioner submit a Form I-864, Affidavit of Support. By signing this form, the petitioner attests they will financially provide for the intending immigrant if necessary. By Tabitha O'Con...
Abandonment of Residence: Can You Live Outside the United States and Still Maintain your Permanent Resident Status?
The process of becoming a permanent resident of the United States is a lengthy one, involving a myriad bureaucratic red tape, extended processing times, and, for some, worrisome interviews with the U.S. Citizenship Immigration Services. (USCIS). The process of becoming a permanent resident of th...
Diversity Visa Lottery Program is Open for FY2017 Filings
The Diversity Visa Lottery Program opened for filing on October 1, 2015. Those who are eligible to file may do so from any time from now until November 3, 2015. The Diversity Visa Lottery Program opened for filing on October 1, 2015. Those who are eligible to file may do so from any time from no...
U.S. Department of State Issues Revised Visa Bulletin
On September 10, 2015, we reported that the Department of State (DOS) issued a new Visa Bulletin format for October 2015, with two separate cut-off dates one relevant to when an I-485 application may be filed and the other controlling the date on which DOS or USCIS could approve an immigrant visa...
What is Automatic Visa Revalidation?
Most foreign nationals entering the United States on a temporary basis as nonimmigrants are required to first obtain a visa at a U.S. consular post abroad. A visa grants its holder permission to apply for admission to the United States. The visa does not guarantee admission, however. Most foreig...
U.S. Department of State Introduces New Visa Bulletin Format for FY2016
On September 9, 2015, the U.S. Department of State (DOS) released the October Visa Bulletin. This is the first Visa Bulletin of the Fiscal Year 2016, which for the federal government runs from October 1, 2015 through September 30, 2016. On September 9, 2015, the U.S. Department of State (“DOS”) ...
Overview of How Admission Documents Affect A Nonimmigrant's Authorized Period of Stay
When a foreign national applies for admission to the United States as a nonimmigrant, there are several documents which could affect the duration of his admission. When a foreign national applies for admission to the United States as a nonimmigrant, there are several documents which could affect...
Overview of the Child Status Protection Act and Its Application to Derivative Children of Employment-Based Immigrants
The Immigration and Nationality Act, section 101(b) defines a "child" as someone who is unmarried and under the age of twenty-one. Prior to the passage of the Child Status Protection Act in 2002, the child of an employment-based immigrant could only obtain an immigrant visa... The Immigration a...