Great tip from AILA about how alternate degree and experience requirements are stated on the ETA 9089 and how those requirements are interpreted in adjudicating I-140 EB-3 skilled worker petitions. Recently we have seen too many Requests for Evidence concerning this issue. The situation arises most commonly where the stated…
Visa Lawyer Blog
False Claims to U.S. Citizenship: Fraud or Willful Misrepresentation in Visa Applications and Unauthorized Entry (Updates in Foreign Affairs Manual)
On May 1, 2013, the U.S. Department of State distributed Change Transmittal (CT) incorporating certain updates and clarifications into Foreign Affairs Manual (FAM). These changes have been subsequently withdrawn by the Department of State and are not yet effective. We are providing this summary to let our readers know what…
Improved Economic Relations with San Diego and Tijuana Means More Professional Opportunities for Immigrant and Nonimmigrant Workers
In a recent NY Times article, San Diego Mayor Bob Filner spoke about improving economic relations between Tijuana and San Diego. Mr. Filner has taken steps to make progress in improving these relations by opening up an office in Tijuana in order to work closely with businesses and the mayor’s…
Student Visas Language Taken Up on Senate Immigration Bill
The Senate Judiciary Committee is likely to pass a proposal Tuesday meant to improve information-sharing on foreign students – a direct influence of last month’s bombings at the Boston Marathon – on the ongoing immigration debate on Capitol Hill. The amendment to the Gang of Eight immigration bill from Sen.…
New Immigration Reform Bill: Merit-Based Immigration, Family and Employment-Based Immigration Provisions
This Summary will outline the key provisions of the Immigration Reform Bill “Border Security, Economic Opportunity, and Immigration Modernization Act” and will focus mainly on the third large section of the Bill, Future Immigration. This part of the Bill encompasses the provisions covering new Merit-Based Immigration System, Family-Based Immigration and…
E-2 Visa for Israeli Nationals: Update May 2013
Many of our Blog readers have been inquiring about the status of the E2 visa for Israel. The following is a recent update by the American Immigration Lawyers Association. In June 2012, President Obama signed into law legislation that adds Israel to the list of countries eligible for E-2 treaty…
H2B Visa Lawyer: USCIS VSC Resumes H-2B Processing
We previously reported on the temporary freeze on filing H2B visas. H-2B petitions for temporary non-agricultural workers are being adjudicated once again at the Vermont Service Center (VSC). VSC anticipates completing pending petitions by early May, and have advised that no action is required by petitioners. The suspension of H-2B…
Visa de inversionista E2: Esta visa poco conocida es la forma más rápida de trasladarse de México a los Estados Unidos
Una opción disponible para los mexicanos que por cualquier razón quieran trasladarse a los Estados Unidos, es aplicar para la visa E-2, o visa de inversionista. Desde 1994, México es uno de los llamados Treaty Countries, lo que hace que sus residentes sean elegibles para visas E-2. Mientras que el…
NEW: U.S. Customs and Border Protection will stop issuing paper I-94 records beginning April 30, 2013
This is a very important Change effective today. Be aware that this change applies to nonimmigrants only. It has no bearing on U.S. Citizens and U.S. Lawful Permanent Residents. Beginning April 30, 2013, U.S Customs and Border Protection will begin automating the I-94 process. Form I-94 provides nonimmigrants with proof…
Exit Pursuant to Grant of Advance Parole Is Not Considered “Departure” Under §212(a)(9)(B)
A recent case from the 11th Circuit affirmed a decision by the Board of Immigration Appeals (BIA) regarding departures from the U.S. and what is not considered a “departure” under the regulations. In 2012, the BIA decided Matter of Arrabally where they held “that an alien who has left and…