Immigration Resources

This article discusses some of the challenges of an EB-3 to EB-2 Downgrade to take advantage of the October 2020 Visa Bulletin

I CAME TO THE UNITED STATES ON A B-2 TOURIST VISA AND MARRIED MY US CITIZEN HUSBAND. CAN I FILE FOR ADJUSTMENT OF STATUS? An adjustment of status (AOS) refers to the petition that an alien physically present in the United States submits to U.S. Citizenship and Immigration Services (USCIS) in ord...

An “adjustment of status” (AOS) refers to the process by which an alien physically in the United States files a petition with U.S. Citizenship and Immigration Services (USCIS) to adjust his or her status from nonimmigrant to immigrant (example H-1B to “Green Card”) When an applicant files for Ad...

Department of Homeland Security (DHS) has begun conducting on-site inspections of F-1 STEM optional practical training (OPT) employment. Whilst Immigration and Customs Enforcement (ICE) has had the authority to make site visits since the regulations governing the program were revised in May 2016,...

Immigration and Customs Enforcement (ICE) was scheduled to begin processing some undocumented immigrants under new expedited removal rules that greatly expand who can be deported without a hearing before an Immigration Judge. Per a memo dated July 24, 2019, ICE Director Matthre Albence said the a...

If you have applied for an employment-based green card, as of October 2, 2017, you must appear for an in-person interview with U.S. Citizenship and Immigration Services (USCIS). If you filed an I-485, Adjustment of Status to Permanent Resident for an EB-1, EB-2, or EB-3 visa after March 6, 2017, ...

If you entered the United States without inspection or you have been unlawfully present in the U.S., you may experience additional hurdles in obtaining a visa in the future. In this article, we will explore what a stateside waiver is, why you might need one, and how to apply for a waiver. What is...

Receiving news that you have been approved for a Green Card as an employment-based applicant is an exciting moment and undoubtedly brings a feeling of relief. However, as you consider the new possibilities that will open by having a Green Card, you might be wondering what this means for your fam...

Petitioning for Relatives The majority of immigrants in the United States arrive on the basis of their relationship to a family member, whether a legal permanent resident or a citizen. To accomplish this, the family member files an I-130 form. IR – Immediate Relative Immigrant U.S. citizens can, ...

A U-Visa is a United States non-immigrant visa that is available for victims of certain crimes, as well as their family members. If the individual qualifies for the U-Visa, it can be a way for that person to obtain legal permanent residency status, otherwise known as a green card, and eventually ...

Immigration and Customs Enforcement (ICE) on July 24, 2018, announced that they have served Notice of Inspections (NOI) to more than 5,200 businesses around the country since January demanding form I-9 records from businesses. A NOI informs business owners that ICE is going to audit their hiring ...

Many different mechanisms can be used to obtain legal permanent residency in the U.S., and one of the more commonly-used methods is the green card. EB-1 Priority Workers An individual may apply for an EB-1 Priority Worker visa if he or she is deemed to have an extraordinary ability, is an outstan...

The Supreme Court upheld President Donald Trump's travel ban Tuesday, ruling 5-4 that a proclamation Trump issued last September to impose new travel restrictions was constitutional and within the president's statutory authority. “The Proclamation is expressly premised on legitimate purposes: pre...

U.S. Citizenship and Immigration Services (USCIS) has recently posted a policy memorandum indicating that they want to change how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M non-immigrant status, including F-2, J-2, or M-2 dependents, who fail to ...

USCIS has released the numbers for Master's as well as Regular cap subject petitions that they received for Fiscal Year 2019. USCIS conducted the lottery system on April 06, 2018. The random computer generated number is the system that has been used every year for the past few years to determine ...

Whilst the popularity of the EB-5 Visa, propelled by desire for better education, business prospects, or a desire for long term US residency has led to a sharp spike in applications from the MENA region, there are recurrent issues that some investors from the region face. These are issues commonl...

USCIS released a new policy yesterday, October 23, 2017 that rescinds prior USCIS policy of giving deference to an earlier examiner's findings in adjudications of Non-Immigrant Visa applications. You can read the release here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2017/20...

The Trump Administration announced on September 5, 2017, that it is terminating DACA. The program named Deferred Action for Childhood Arrivals (DACA), administered by the Department of Homeland Security (DHS), has permitted people who were brought to the United States as children to remain here a...

Department of Labor has today announced their intention to conduct sweeping audits against employers who hire foreign national employees on H-1B and other visa types, see here: https://www.dol.gov/newsroom/releases/opa/opa20170606 Please make sure that all of you have: 1. Public Access Folders fo...

Increasingly, we find that we are answering questions from  entrepreneurial souls who want to start their own businesses to market their great ideas but are hobbled in their goals due to the severe restrictions placed on certain visa classes by USCIS. The short answer to is it possible for an H-1...

Although this may seem unfathomable to most in the U.S, the Customs and Border Protection (CBP) has begun a routine process of inspecting electronic devices of ALL incoming passengers. Yes that also includes US Citizens and Lawful Permanent Residents. The “inspection” of electronic devices includ...

The recent spurt of Executive Orders and speculations that the current Administration plans to severely curtail the availability of H-1B visas even further than has been the case in the last few years has caused much consternation and fear in many employers and hopeful employees. The source of mu...

The Recently enacted Executive Order that bars entry into the US from Nationals of 7 predominantly Muslim countries has now been expanded to also negatively impact ALL pending applications before the US Citizenship and Immigration Services (USCIS) Pursuant to an article published in the Intercept...

President Trump on Friday, January 27, 2017 signed an Executive Order titled “Protection of the Nation From Foreign Terrorist Entry Into The United States”, the executive order would bar entry to “Aliens” from certain countries from entering the United States for a period of 90 days. The countrie...

USCIS on November 18, 2016, published their final rule impacting various aspects of certain Non-Immigrant and Immigrant visa programs. Employment Work Authorization (EAD) for Employees with Approved I-140: While there was much hope for an expansion to the EAD rule to allow more foreign workers...