News and Legal Articles
On May 2, 2016, USCIS Announced Data Entry Completion for FY 2017 H-1B Petitions
How to Know if a Case was Chosen in the H-1B Lottery Yesterday, USCIS announced that all fiscal year 2017 Cap-subject H-1B petitions randomly selected in the computer-generated lottery have been “data entered”. This means that in the coming weeks, USCIS will begin returning all H-1B cap-subject petitions that were not randomly selected in… Read More »
Sweethearts vs. Immigration Law: Timing Issues Related to Spousal/Fiancé(e) Petitions
Of the various immigration questions and situations clients bring to us, a common one is a variation on: “my foreign fiancé(e) (or spouse) is overseas and I live in the U.S., how can we settle in the U.S. together, with minimal delay?” While modern travel and technology allow us to meet and woo mates from all… Read More »
Anaheim Asylum Office Processing Times Update
Asylum Processing Times in Anaheim Currently, new non-credible fear Asylum Interviews are being scheduled at the Anaheim (Los Angeles) USCIS Asylum Office for applications filed in August of 2011. As we wrote previously here and here, there are various factors causing a slowdown in adjudications. Whereas several years ago interviews were scheduled less than six… Read More »
Visa Options Small Business Owners (E-2, L-1, H-1B)
E-2 Visa, L-1 Visa and H-1B Visa Options In strolling through the shopping centers in our Office’s surrounding neighborhood, one cannot help but feel that the immigrant sprit of entrepreneurship is alive and well. Small IT start-ups, mom-and-pop Asian restaurants, franchise American take-out restaurants, hair salons, bookstores, and language and music schools, are owned… Read More »
Proposed Provisional Waiver Expansion Will Benefit Children and Spouses of Green Card Holders
I-601(A) Provisional Waivers Attorney While the existing I-601A Provisional Waiver Program is limited to benefitting children and spouses of U.S. citizens, a proposed rule will expand the categories of beneficiaries. The new rule, proposed by the United States Citizenship and Immigration Service (USCIS), will expand the waiver to benefit children and spouses of Lawful… Read More »
H-1B Filing Season is Here
Starting April 1, 2016, the U.S. Citizenship and Immigration Service (USCIS) will begin accepting cap-subject filings in the H-1B classification. The April 1, 2016 filings are for employment starting on the first of the upcoming fiscal year—October 1, 2016. As in recent years, it is expected that the cap will be exhausted within the… Read More »
Coming Soon to a Supreme Court Near You: Executive Actions on Immigration
Immigration Executive Actions – DAPA On Tuesday, January 19, 2016 the Supreme Court announced that it will hear and consider the legal challenges to President Obama’s November 2014 Executive Actions focusing on Immigration. The announcement means that the nation’s broadest immigration relief measures in decades will have their day in court. As we wrote… Read More »
Section 204(c) Fraud Finding Deemed Improper by Federal District Court
Section 204(c) Backgroud Non-citizens who are lawfully admitted into the United States and who find themselves in love and married to a United States citizen are able to apply to adjust their status to Lawful Permanent Resident (a.k.a. “green card”) after their U.S. citizen spouse files an I-130 petition on their behalf. A married… Read More »
BALCA Decision Reiterates Problematic Nature of Employee/Owner Labor Certifications
“If I am the part-owner of a company, can that company sponsor me for Labor Certification and an EB-2 or EB-3 Green Card?” This is a common question, and one that makes sense to ask. Many entrepreneurs in the U.S. on temporary visas permitting self-employment such as the E-2 and L-1 or visiting on… Read More »
10 Quick Facts: Visa Waiver Program and Proposed Changes
The Visa Waiver Program (VWP) allows citizens of 38 countries to travel to the U.S. for up to 90 days, without the need to apply for a visa before traveling. Several bills are now under consideration which would cause significant changes to the VWP — namely, H.R. 158, the Visa Waiver Program Improvement Act and S.2362,… Read More »
