Critical update to all of you H1B job changers. Under the H-1B portability provisions, an applicant for H-1B status may begin working for the sponsoring employer immediately upon the filing of the Form I-129 Petition for Alien Worker, provided that the applicant is a “nonimmigrant” and “was previously issued a…
At a recent meeting with U.S. Customs and Border Protection (“CBP”) and AILA reps the following questions came up: The regulations at 8 C.F.R. § 214.2(e)(19)(i) state that E visa holders may be admitted for an initial period of not more than two (2) years. It has been our understanding…
An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States. Different sections of INA § 212 allow for the application of a waiver of inadmissibility. Waivers must establish that a qualifying relative will…
Following our updates on the Visa Waiver Adjustments, here is a summary from USCIS Headquarters Liaison Meeting. As of now, USCIS has not yet provided guidance to the field with respect to the eligibility of an alien who was admitted under the Visa Waiver Program (“VWP”) to adjust status as…
The recent increases in Requests for Evidence resulting from the Validation Instrument for Business Enterprises system, prompted USCIS to issue the following notice. Due to the time-sensitive nature of agricultural work, U.S. Citizenship and Immigration Services (USCIS) expedites all H-2A “temporary or seasonal agricultural worker” petitions. However, some recent H-2A…
Generally, all individuals born in the United States and subject to its jurisdiction of the United States are citizens (e.g., children of diplomatic officials, etc.). Still, other individuals born outside the United States may claim United States citizenship derivatively from a parent who at the time of the individual’s birth…
ICE officials are not happy this morning. Illegal immigrants arrested for petty crimes won’t be held in jail longer than necessary in San Francisco, even if federal immigration agents may want them detained for possible deportation. Instead, starting Wednesday, deputies will treat those eligible for release just like U.S. citizens:…
U.S. Senator Robert Menendez (D-NJ) introduced the Military Families Act. The Military Families bill would allow the noncitizen immediate family members of active military service members to apply to become lawful permanent residents of the United States. This is a much needed bill that fills a gap at the intersection…
In a 5-3 vote, the court concluded that federal immigration law doesn’t prevent the state from revoking the business licenses of companies that violate state law. The Arizona law also requires employers to use the federal government’s web-based E-Verify system to determine whether potential employees are eligible to work within…
USCIS announced the launch of a federal initiative to raise awareness about the rights, responsibilities, and importance of U.S. citizenship. USCIS Director Mayorkas will launch the initiative online on 5/25/11. The initiative will run during the summer across the country on more than 250 radio stations, 400 websites, and through…