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Articles Posted in Nonimmigrant Visas

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OFLC Emergency Initiative for Backlogged H-2B Labor Certification Applications

Presently, the Employment and Training Administration’s (ETA) Office of Foreign Labor Certification (OFLC) is experiencing significant delays in processing employer H-2B certification applications.  These delays are owed to various factors. The most important includes a mandatory 17-day certification pause that took place at the Chicago National Processing Center, for the…

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Visa Exemption Eliminated for Caribbean H-2A Agricultural Workers and H-2B Processing Delays

Beginning February 19, 2016 certain nonimmigrant Caribbean residents seeking admission to the United States as H-2A agricultural workers, will be required to obtain a valid passport and valid H-2B visa in order to be admitted. Spouses and children traveling with an H-2A agricultural worker will also be required to present…

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Staff Spotlight: Legal Assistant, Reagan Volkman

For this month’s staff spotlight, we invite you to learn more about Legal Assistant, Reagan Volkman. Ms. Volkman was born and raised in San Diego, California. She pursued her studies at Cuyamaca and Grossmont College graduating in December 2014 with degrees in History, the German language, and Paralegal Studies. She is…

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DHS Implements Visa Waiver Program Travel Restrictions

On January 21, 2016 the Department of Homeland Security confirmed that the Visa Waiver Program Improvement and Terrorist Travel Prevention Act would begin to be implemented. As a result of the recent terrorist attacks in San Bernardino county and abroad, Congress passed the Act in an effort to protect Americans…

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Filing Fees to Increase for Certain H-1B/L Dependent Employers

Beginning December 18, 2015, H-1B and L-1 filing fees will increase for H-1B/L-1 dependent employers, employing 50 or more employees, with more than 50% of those employees in H-1B or L nonimmigrant status. This increase in fees comes with the passage of the Consolidated Appropriations Act, 2016 recently signed into…

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Staff Spotlight: Paralegal Maya Elkain

For this month’s staff spotlight, we invite you to learn more about Paralegal, Maya Elkain. Ms. Elkain began her journey with the Law Offices of Jacob J. Sapochnick in 2014 as an intern. She quickly learned the ins and outs of employment based immigration law and was offered a position.…

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The H-1B Guide: Preparing for H-1B Season

What is the H-1B Visa? The H-1B visa is a work visa that is awarded on a lottery basis. The H-1B visa program allows American companies and/or qualifying organizations to employ foreign workers to fill specialty occupations temporarily. The foreign worker must posses a combination of education, specialized training, and/or…

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The Upsides and Downsides to the Proposed Rule to Retain EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled Nonimmigrant Workers

On Thursday, December 31, 2015 the Department of Homeland Security published a new proposed rule affecting highly skilled immigrant and non-immigrant workers alike. The proposed rule, introduced in last week’s federal register, aims to improve the ability of American employers to hire and retain highly skilled workers waiting to receive…

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UPDATE: STEM OPT Replacement Rule Delayed

As previously reported, the STEM Optional Practical Training (OPT) rule that had been in place since 2008, was invalidated following a court order requesting the Department of Homeland Security to issue a new replacement rule. The court gave the DHS until February 12, 2016 to come up with a replacement…

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Tourist Visa Applicants: Common Pitfalls to Avoid During the Application Process

  Do’s and Don’ts If you are considering applying for a temporary visitor visa to travel to the United States for purposes of leisure or to receive temporary medical treatment, there are several things you should be aware of. First, you should understand what you can do while on a…