Any discussion of unlawful presence should begin by differentiating unlawful presence from being out of status. Anyone who violates their nonimmigrant status is immediately out of status until they or the government acts to restore that status. Any discussion of unlawful presence should begin by...
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.
TN Status for Software Engineers
NAFTA provides that Canadian and Mexican citizens who have been offered U.S. jobs in certain professions, may enter the U.S. to work temporarily. NAFTA provides that Canadian and Mexican citizens who have been offered U.S. jobs in certain professions, may enter the U.S. to work temporarily. One ...
USCIS Resumes Premium Processing Service for H-1B Extensions Early
On May 19, 2015, USCIS announced that they would be suspending premium processing service for Form I-129 extension of stay H-1B petitions from May 26, 2015 to July 27, 2015 by Noelle McLaughlin On May 19, 2015, USCIS announced that they would be suspending premium processing service for Form I...
Does My Degree Have to Be Related to My TN Profession?
In order to qualify for TN status under NAFTA, the Canadian or Mexican citizen applicant must be entering the United States to perform prearranged business activities for a U.S. entity, at a professional level, in one of the professions listed in Appendix 1603.d.1 to the NAFTA. In order to quali...
Regulatory Requirements for Education Experience Evaluations for H-1B Petitions
H-1B status is reserved for aliens working in a specialty occupation, which is defined in 8 CFR 214.2(h)(4)(ii) as an occupation which requires theoretical and practical application of a body of highly specialized knowledge and which requires the attainment of a bachelors degree or higher in a sp...
Transitioning from F-1 Status to H-1B
Many international students who attend school in the United States in F-1 status seek U.S. employment upon graduation. Most commonly, they seek employment in H-1B status. Many international students who attend school in the United States in F-1 status seek U.S. employment upon graduation. Most ...
What is the H-1B Cap?
Congress has imposed an annual limit on the number of new H-1B petitions that can be approved in each fiscal year. The cap is set at 65,000. Congress has imposed an annual limit on the number of new H-1B petitions that can be approved in each fiscal year. The cap is set at 65,000. There is an ad...
CBP to Open 10 New Pre-Clearance Operations
U.S. Customs Border Protection (CBP) has announced that it plans to open 10 new Pre-Clearance Operations. U.S. Customs & Border Protection (“CBP”) has announced that it plans to open 10 new Pre-Clearance Operations. Pre-Clearance operations currently exist in several Canadian airports as well as...
Southern Border Tour
On May 5 and 6, 2015, Attorney Danielle Rizzo was among a select group of AILA members invited to attend a southern border tour with members of U.S. Customs and Border Protections Washington, D.C. headquarters office. On May 5 and 6, 2015, Attorney Danielle Rizzo was among a select group of AIL...
E-1 Visas For Start-Up Consulting Companies
The E-1 visa is a very practical option for individuals who have something significant to contribute to the U.S. economy but no other means of doing so. E-1 visas are available for treaty traders. In order to qualify, the foreign national must: Be a national of a treaty country; Bear the sa...
Filing Strategy During H-1B Premium Processing Suspension
On May 19, 2015, USCIS announced that it will be suspending Premium Processing on all H-1B petitions requesting extension of stay for a temporary period between May 26 and July 27, 2015. On May 19, 2015, USCIS announced that it will be suspending Premium Processing on all H-1B petitions requesti...
USCIS Releases Guidance to AILA on WHEN to file H-1B Amended Petitions
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...
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, ...