On April 9, 2015, the Administrative Appeals Office (AAO) released a new precedent decision holding that whenever a change takes place which requires a new Labor Condition Application (LCA) and H-1B amended petition must also be filed. by Noelle McLaughlin On April 9, 2015, the Administrative A...
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 Suspends Premium Processing for H-1B Extensions
On May 19, 2015, USCIS announced that from May 26 until July 27, 2015, they will temporarily suspend premium processing for all H-1B extension of stay petitions. On May 19, 2015, USCIS announced that from May 26 until July 27, 2015, they will temporarily suspend premium processing for all H-1B e...
USCIS Releases New Guidance on Specialized Knowledge for L-1B Beneficiaries
On March 24, 2015, USCIS released a draft version of a memorandum on the adjudication of L-1B petitions. By Tabitha O'Connell On March 24, 2015, USCIS released a draft version of a memorandum on the adjudication of L-1B petitions. The L-1 category is for “intracompany transferees” and the L-1B ...
Does My Conviction Make Me Inadmissible to the United States?
Filing a nonimmigrant waiver application unnecessarily could have the unintended consequence of preventing someone from ever being eligible for permanent residency. Section 212 of the Immigration and Nationality Act (“INA”) enumerates various grounds of inadmissibility to the United States. Thos...
H-1B CAP lottery for FY2016 complete!
The Immigration and Nationality Act places an annual cap of 65,000 on the number of new H-1B petitions that can be filed in any given year. In addition, the first 20,000 petitions filed for individuals with a U.S. masters degree or higher are exempt from the 65,000 cap, meaning that there are act...
Amended H-1B Petition Now Required Whenever a New LCA Is Filed
USCIS regulations require that whenever there is a material change in an H-1B beneficiarys position, the petitioner must file an amended petition to reflect the change. The term material is not defined, however, so the circumstances triggering the need for an amended petition are not clear. USCI...
I-94 Automation Issues
Form I-94 is the admission document issued to most individuals who enter the U.S. in a status other than as a U.S. Citizen or Permanent Resident. Historically, the I-94 Form was a small white card which was stapled into ones passport at the time of entry. Form I-94 is the admission document issu...
H-1B Cap Filings Due First Week of April
The Immigration and Nationality Act places an annual cap of 65,000 on the number of new H-1B petitions that can be filed in any given year. In addition, the first 20,000 petitions filed for individuals with a U.S. masters degree or higher are exempt from the 65,000 cap. The Immigration and Natio...
H-4 EAD Final Rule Passed
On February 25, 2015, the Department of Homeland Security (DHS) issued a Final Rule amending DHS regulations to extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants seeking employment-based lawful permanent resident status. On February 25, 2015, ...