H.R. 1044 Passes the House with Overwhelming Support – We Still Demand the Best and the Brightest

Laura Rosmarin Blog Leave a Comment

Yesterday was a momentous day for high-skilled immigrants in the U.S.  The U.S. House of Representatives passed the Fairness for High Skilled Immigrants Act of 2019 (H.R. 1044) by a vote of 365 to 65.  So, what does this mean today for high skilled immigrants and the companies that currently employ them?  Until this bill passes the Senate and is …

Federal courts are an applicant’s best friend when it comes to USCIS delays

Shirley Zambrano Blog Leave a Comment

“Why is USCIS taking so long?” is a question immigration attorneys get asked by clients with more and more frequency these days. Despite the fact that we live in the era of instant messaging, video, and streaming, the U.S. government (and specifically, the United States Citizenship and Immigration Services – “USCIS”) cannot seem to reach the 21st century when it …

Top 10 Tips for H-1B Employers to Avoid the RFE

Laura Rosmarin Blog Leave a Comment

The workload for Human Resource departments has multiplied under the Trump administration. Current figures show that USCIS is issuing Requests for Evidence on 60% of all H-1B petitions in 2019. While many attorneys have different strategies on how to tackle these cases, I am in favor of what is called “Front-Loading.” I try to put our best foot forward to …

“Sweet As!” New Zealand Investors and Traders Have a New Path to Doing Business in the United States

Phil Kuck Blog Leave a Comment

On August 1, 2018, the KIWI (Knowledgeable Innovators and Worthy Investors) Act became public law in the United States. This law makes New Zealand nationals eligible to enter the United States as non-immigrant traders and investors as provided under the Immigration and Nationality Act. Effective June 10, 2019, New Zealand citizens are now eligible to apply for E-1 (Treaty Trader) …

U.S. Recognizes Five-year Extensions of Venezuelan Passport

Jorge Gavilanes Blog Leave a Comment

Venezuelans received welcome news this last month when the National Assembly published a decree signed by Interim President Juan Guaido on May 21, to extend the validity of Venezuelan passports for an additional five years past their printed date of expiration. The U.S. Department of State issued a statement,recognizing this extension for visa issuance and consular process. They also stated that Customs …

BE Careful, Your Social Media Accounts Can Now Get You in Trouble With Your Visa Application!

Shirley Zambrano Blog Leave a Comment

In May 2019, the U.S. State Department began asking visa applicants at consulates abroad information related to their social media accounts for the previous five years. Those questions are found on Form DS-160 (nonimmigrant visas) and Form DS-260 (immigrant visas) This new policy will affect millions of visa applicants and it could have serious immigration consequences for those who attempt …

Five MORE Immigration Rules that the Administration Wants to Change to Further Restrict Legal Immigration

Charles Kuck Blog Leave a Comment

Every six months the executive branch is required to publish a list of regulations the various Departments are considering issuing in the next few years.  The Department of Homeland Security and its specific agencies, USCIS, ICE, and CBP notified us that they are planning on issuing more than 20 substantive regulatory changes.  A number of those are extraordinarily substantive, and five, …

NARROWING PRECEDENT: EXECUTIVE BRANCH SUBVERSION OF SUPREME COURT PRECEDENT AND HOW IT AFFECTS YOUR IMMIGRATION CASE

Phil Kuck Blog Leave a Comment

If you or someone you know has been placed into removal proceedings, chances are that you have heard of a “Notice to Appear” (or “NTA”). An NTA is the charging document that signals the initiation of removal proceedings against the named recipient and mandates appearance on a specific date at a specific location. Last June, the Supreme Court of the …

Premium Processing Resumes June 10 … When “Premium” is no longer a choice ….

Laura Rosmarin Blog Leave a Comment

On June 7, 2019, USCIS announced that they will resume premium processing for all fiscal year 2020 Cap subject H-1B petitions on June 10. Until that date, USCIS was only allowing Premium Processing for FY 2020 cap-subject H-1B petitions requesting a change of status. While many employers are celebrating their ability to premium process their cases now, others are scratching …

Bill HR 1044, the Proposed Fairness for High Skilled Immigrants Act – Is it Fair?

Danielle Claffey Blog 1 Comment

It comes as no surprise to employers and foreign nationals that it can take years and years for an employee to receive their green card depending on their country of origin.  While foreign nationals from certain countries are lucky enough to quickly be at the front of the line, others, like nationals of India and China, are waiting years and …