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Articles Posted in Work Visas

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Let police catch criminals, not immigrants – what do you think?

According to the LA Times, California reached a milestone late last month when federal immigration officials quietly announced that all 58 counties in the state are now participating in Secure Communities, a controversial program created to track and deport dangerous criminals. Unveiled in late 2008, Secure Communities is billed as…

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H1B Visa Denials – ? – Filing a motion to re-open might be an option for you

Our office has extensive experience assisting the clients in filing H-1B petitions. We also help the clients consider their options if the case is denied. Below is an example of the H-1B case that got approved even after the denial was issued. The employer/petitioner was a large luxury hotel. The…

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L1A Visas:Procedures for Handling Deficient or Deniable L Petitions for Canadians

If an L petition presented by a Canadian citizen in conjunction with an application for admission is lacking necessary supporting documentation or is otherwise deficient, the inspecting CBP officer shall return it to the applicant for admission. The officer should instruct the applicant for admission to obtain the necessary documentation…

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L1A Visa Update – New Petitioner Certification Required to Confirm Export Control Compliance

As of February 20, 2011, the U.S. Citizenship and Immigration Services (USCIS) will require that all employers filing Form I-129 petitions seeking employment of H-1B, H-1B1, L-1 and O-1A workers certify that they have reviewed Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) to ascertain whether or…

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H1B Visa Attorney – USCIS to Begin Verifying Petitioner Data through External Business Information Service (VIBE), more RFE’s?

A few days ago we received a Request for Evidence (RFE) for one of our H1B transfer cases as well for a new H3 visa Petition. The Request was stating that the employer can not be verified in the Validation Instrument for Business Enterprises (VIBE) Program, and the employer must…

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O1 Visas Change of Status problems – Working unlawfully, is this a problem?

There are many bars to changing status and adjusting status, and overstaying the visa is not the only problem. Unlawful employment can create several problems when one seeks to adjust status in the US. Unlawful employment occurs quite frequently when the line between being a visitor for business and actual…

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H1B Cap Reached fiscal year 2011 – No more filings until April!!!

Slightly sooner than expected but the H1B cap was reached today. U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is…

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H1B Visa Cap Update 1-24-2011 – Hurry up, time is running up!

U.S. Citizenship and Immigration Services (USCIS) announced that as of January 21, 2011, it has received 62,800 H-1B petitions counting toward the congressionally-mandated 65,000 limit. Congress has established an annual fiscal year limitation of 65,000 on the number of available H-1B visas, commonly referred to as the “H-1B cap.” Under…

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NAFTA Visas – L-2, and TD Visa Issuance for Non-Canadian Spouses and Children

Great update from AILA border Liaison for the benefit of our readers. Although Canadian nonimmigrants are largely visa-exempt, the non-Canadian dependent of a principal Canadian must be issued a visa to present for inspection and admission to the U.S. Visa issuance for L-2 non-Canadian dependents of L-1 beneficiaries whose petitions…