New Jersey recently became the fifteenth state to pass some version of the Dream Act, which provides in-state or discounted tuition for eligible undocumented immigrants living in the United States. In the absence of comprehensive federal legislation to address immigration…
The State Department has released the February 2014 Visa Bulletin. The Family-Based Second Preference Category for Mexico retrogressed almost one year to May 1, 1993. The Employment-Based categories edged slightly forward: the cut-off date for the Employment Based…
According to recent press reports, there is still hope for some type of immigration reform legislation in 2014. News outlets have reported that Speaker of the House John Boehner recently met with fell GOP members, and advised them that…
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…