Since the June 2013 Visa Bulletin, the third preference employment-based immigrant visa category (EB-3) for individuals born in China has a more recent cut-off date than the second preference employment-based category (EB-2). This has held true even as recently as the December 2013 Visa Bulletin, which indicates that the EB-3…
Visa Lawyer Blog
South Africa’s Nelson Mandela dies at 95
Nelson Mandela, South Africa’s first Black president and the symbol of the anti-apartheid movement has passed away. Through untiring and ever vigilant efforts, Mandela would work through the hardest circumstances, including 27 years in prison to see apartheid end in South Africa. Because of his work, Mandela was a Nobel…
Liquidated Damages Provisions in H-1B Context
By Ekaterina Powell, Esq. As H-1B season is about to begin and companies across the U.S. are preparing for the H-1B recruitment period, we would like to remind our readers about the employment terms specific to H-1B candidates. H-1B nonimmigrants are a great way for many employers to supplement their…
NIW Attorney – Entrepreneur Gets Green Card Through Business in the National Interest
Until 2011, the National Interest Waiver (NIW) category had been limited to persons holding advanced degrees or persons of extraordinary ability in the arts, sciences, or business whose work was in the national interest. In 2011, the NIW category was expanded to allow entrepreneurs to pursue a green card based…
USCIS Reminds Filipino Nationals Impacted by Typhoon Haiyan of Available Immigration Relief Measures
If one recalls the earthquake from back in 2010 that hit Haiti, USCIS provided some relief options for Haitians affected by the earthquake, whether it was those currently living in Haiti or Haitians still in the United States. Recently, USCIS issued a statement regarding immigration relief options for Filipinos affected…
Visa Waiver Overstay Adjustment of Status Update November 2013
Great news to report about Visa Waiver Overstays and Adjustment of Status. USCIS has finally issued policy guidance on adjudication of adjustment of status (green card) applications filed by individuals admitted under the Visa Waiver Program (VWP). Until now, USCIS offices throughout the country have been inconsistent in adjudication of…
USCIS New Policy Memo on Parole of Spouses, Children and Parents of Active and Former Members of U.S. Military
On November 15, 2013, a new policy was issued to allow undocumented spouses, children, and parents of active duty and former members of the U.S. armed forces, the selected reserve of the ready reserve, to enter or continue staying in the U.S. after approval of parole request. The purpose of…
US consulates is reportedly denying H-1B petitions for improper wage level selection
Recently, US Consulates are reportedly increasing their scrutiny of H-1B visa applications with respect to the wage rates paid to H-1B workers. Before a H-1B worker may apply for a H-1B visa, his or her US employer obtain a certified labour condition application (LCA) from the Department of Labor before…
Our Immigration System: Where is it heading?
The United States has traditionally been viewed as one of the most emigrated-to countries in the world. A nation of immigrants in its own right, the federal government has long been tasked with developing an immigration policy that balances the benefits of foreign human capital with the drawbacks of increased…
Same-Sex Marriage Lawyer: Same-Sex Marriage Petitions And Tips to Succeed in Marriage Interviews
In June, same-sex marriages resumed in California after the state’s ban on it back in May 2008. The new decision made it possible for local government to issue marriage certificates for same-sex couples. Its effect on immigration law has also been revolutionary, because U.S. citizens can now petition for his…