On April 1, 2014, USCIS will begin accepting new cap-subject H-1B petitions, which provide for an employment start date of October 1, 2014, or later. Each year, H-1B visas are subject to an annual numeric limitation of 65,000 visas, which…
U.S. Customs and Border Protection (CBP) and the U.S. Citizenship and Immigration Services (USCIS) are (slowly) modernizing to make the immigration process more user-friendly. Two recent developments will hopefully reduce costs, both financial and procedural, and improve functionality. First, CPB…
All U.S. employers are responsible for ensuring their new hires are authorized to work in the United States, by reviewing proper employee documents and completing the Form I-9. The I-9 does not get sent in to any agency, but must…
On April 1, 2013, USCIS will begin accepting new cap-subject H-1B petitions, which provide for an employment start date of October 1, 2013, or later. Each year, H-1B visas are subject to an annual numeric limitation of 65,000 visas, which…
On March 31, 2010, the Supreme Court of the United States held that defense counsel in criminal proceedings must advise their clients on the immigration consequences of any guilty plea. Padilla v. Kentucky, 130 S. Ct. 1473. On February 20,…
Effective January 22, 2013, the USCIS will begin implementing its new online USCIS Policy Manual.[1] There is also hope that this planned Manual will make it easier to keep up with ever-changing immigration policies, administrative decisions, and executive directives. The…
On December 20, 2012, USCIS issued an Operational Guidance Memorandum for EB-5 Cases involving Tenant-Occupancy. For EB-5 cases where tenant occupancy is used as a basis for satisfying the job creation requirement, this memorandum was issued in response to concerns…
Senate Bill 3245, introduced by Sen. Leahy (D-VT) on May 24, 2012, provided for an extension of the following immigration-related programs: EB-5 Regional Center program E-Verify Special Immigrant Nonminister Religious Worker Program Conrad State 30 J-1 Visa Waiver program On…
The United States Citizenship and Immigration Service (USCIS) recently released statistics on the EB-5 Investor Visa Program. For the 3rd Quarter of this fiscal year, USCIS reports an approval rate of 79% for Immigrant Petitions by Alien Entrepreneurs filed (I-526)….
The United States Department of Homeland Security (DHS), by memorandum dated June 15, 2012, announced that it will soon implement deferred action, a form of prosecutorial discretion, for certain individuals who were brought to this country as children, but lack…
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