Requirement to Prove Ability to Pay in an I-140 Petition
In the typical employment-based permanent residence (commonly, “green card”) case, the second stage of the three-stage process is the employer’s Immigrant Petition for Alien Worker, filed on the I-140...
View ArticleOverview of Final Regulation for High Skilled Workers
The U.S. Department of Homeland Security (DHS) published a final rule on November 18, 2016, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled...
View ArticleSome Questions Answered on I-983 Training Plans for STEM OPT Students
Representatives of the Student and Exchange Visitor Program (SEVP) recently addressed some common questions regarding the completion of the training plan for STEM OPT students (form I-983). A number of...
View ArticleLabor Certifications after Employee Layoffs
The purpose of the labor certification process is to protect U.S. workers. It is a certification from the U.S. Department of Labor (DOL) that there are not able, willing, and qualified U.S. workers...
View ArticleProposed Revision of Information Collection for Form I-612
On November 25, 2016, the U.S. Department of Homeland Security (DHS) issued a notice of a proposed revision to the collection of information for USCIS Form I-612, Application for Waiver of the Foreign...
View ArticleB-2 Visas for Household Members of Long-Term Nonimmigrants
Most nonimmigrant visa categories that allow a foreign national to work or study in the United States for an extended period of time have a corresponding dependent visa category that can be used by...
View ArticleNewsFlash! U.S. Consulate in Chennai Advises Caution – Update
The U.S. Consulate in Chennai has Issued this Notice on its WebSite The U.S. Consulate General in Chennai will resume routine services on Thursday, December 8, 2016. Only applicants with appointments...
View ArticleUnderstanding the Department of State Reciprocity Schedule
Nonimmigrant U.S. visa foils (commonly referred to as visa “stamps”) of the same classification can have different validity periods, maximum allowable admissions, and applicable fees depending on the...
View ArticleBeware: Serious Immigration Consequences of Shoplifting
For people not accustomed to the open displays of merchandise typical in the United States, the opportunity to pick up a few small items could prove tempting. Many newcomers to this country do not...
View ArticleOverview on H1B1s for Citizens of Chile and Singapore
The annual cap on the H1B category, combined with tremendous demand, has forced many employers and foreign national professionals to seek out reasonable alternatives. One such option for citizens of...
View ArticleJanuary 2017 Visa Bulletin: Very Little Movement
There is little-to-no movement of cutoff dates from the previous month in the final action (FA) chart of the January 2017 Visa Bulletin, which was released this afternoon by the U.S. Department of...
View ArticleUntimely Appeals: Resurrecting a “Dead” Case
If the U.S. Citizenship and Immigration Services (USCIS) denies a petition or application, the petitioner or applicant generally has a deadline of thirty (30) days to file a motion to reopen or a...
View ArticleOverview of January 2017 Visa Bulletin
There were no real surprises in the January 2017 Visa Bulletin, which was released on Monday by the U.S. Department of State (DOS). As usual, there is no change in the dates for filing (DF) chart....
View ArticleSpending Bill Includes Extension of Several Immigration Programs
On Saturday, December 10, 2016, President Obama signed into law a continuing resolution designed to fund the federal government through April 28, 2017. Included in the spending bill were various...
View ArticleReminder: Hike in USCIS Filing Fees Goes into Effect December 23, 2016
On December 23, 2016, the U.S. Citizenship and Immigration Services (USCIS) is implementing a substantial filing fee increase for nearly all case types. The raised fees apply to cases received by the...
View ArticleApplicants for U.S. Citizenship Required to Use New N-400, Effective 23.Dec.2016
On December 22, 2016, the U.S. Citizenship and Immigration Services (USCIS) is expected to issue a new version of the application for naturalization (form N-400). Beginning December 23, 2016, the USCIS...
View ArticleSanta’s Visa Options for Coming to Town on Christmas Eve
While scientists have been known to investigate whether it is physically possible for Santa Claus to travel around the world in just one night, they tend to overlook the legal implications of the jolly...
View ArticleJanuary 2017 Visa Bulletin Check-In: Explanations and Predictions
Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), supplies visa bulletin explanations nearly every month. This month’s update regarding the...
View ArticleNewsFlash! New I-485 Required, Effective Today
The U.S. Citizenship and Immigration Services (USCIS) released a revised version of the application to register permanent residence or adjust status (form I-485) today and, effective immediately, will...
View ArticleNewsFlash! USCIS Issues Slew of Revised Forms; Prior Versions No Longer Valid...
Updated Information This afternoon, the American Immigration Lawyers Association (AILA) issued a practice alert related to the new forms. It states, in part: “AILA reached out to USCIS … to demand a...
View Article