The Department of State has released the new visa bulletin for July 2011 on June 9, 2011 which continues to bring cheers to Chinese and Indian nationals whose Priority Dates get benefited. For the month of July 2011, the EB-1 category was current for both Chinese and Indian nationals. In…
Visa Lawyer Blog
H-1B Cap Count as on June 6, 2011
USCIS released the latest H-1B visa information on June 6, 2011. As of June 1, 2011, USCIS reported that 13,600 cap petitions had been filed and 9,300 spots for U.S. advanced degree holders have been filled. On May 26, 2011, USCIS reported that 13,100 cap petitions had been filed and…
Protecting Immigrants from Fake Attorneys
The Immigration Law field is one of the most abused areas of law by scam artists, trying to pray on innocent Immigrants. We see such victims all the time. Immigration officials are teaming up with federal and state prosecutors, the Federal Trade Commission, lawyers’ groups and immigrant advocate organizations in…
H1B Visa Attorney – Change of Employer & Portability Rule Update
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…
E2 Investor Visa – What is the period of Admission on the I-94 for E Visa Holder?
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…
I-601 Waiver Lawyer – Memo on Requests to Expedite Adjudication of Extreme Hardship Waivers, filed by individuals outside of the U.S.
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…
Adjustment of Status for Alien Immediate Relatives Admitted Under the Visa Waiver Program – USCIS and AILA update June 2011
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…
H2A Visa – Questions & Answers in Light of USCIS’s Implementation of VIBE
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…
Derivative Citizenship acquired through parents
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…
New Immigration Policy in SF – illegal immigrants arrested for petty crimes won’t be surrendered to ICE
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:…