Employment Based Green Card
Modernizing PERM on DOL’s Agenda
In November 2014, the White House released a Presidential Memorandum directing agency heads to make recommendations for improving the U.S. immigration system. In tandem with the release of President Obama’s November 21, 2014 Memorandum, Department of Homeland Security Secretary Jeh Johnson also issued a Memorandum dated November 20, 2014, instructing the U.S. Citizenship and Immigration…
Read MoreBIA decision on Priority Date Retention at Odds with Longstanding USCIS Policy
Recently, the Board of Immigration Appeals (BIA) issued a non-precedential decision – In re: Grace Estrellado – that merits attention because the result appears contrary to the U.S. Citizenship and Immigration Services’ (USCIS) policy regarding priority date retention. More specifically, under past practice, USCIS allows a beneficiary of a new I-140 to retain the priority…
Read MoreH-4 EAD for Certain Dependent Spouses Now in Effect
Effective May 26, 2015, the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS), under its new final rule, began accepting applications for employment authorization for certain H-4 dependent spouses of H-1B employees who seek employment-based lawful permanent resident (LPR) status. The USCIS has accordingly amended its Instructions for I-765, Application for Employment…
Read MoreNewsAlert! H-4 EAD FAQ’s released
We are delighted to announce that few minutes back the U.S. Citizenship & Immigration Services (USCIS) updated their webpage with information on Employment Authorization for Certain H-4 Dependent Spouses. This webpage includes eligibility requirements, filing guidance and answers some of the frequently asked questions (FAQs). We are in the process of reviewing the information provided…
Read MoreOverview of L-1B Policy Memorandum
On March 24, 2015, the United States Citizenship and Immigration Services (USCIS) issued its Policy Memorandum on L-1B visa adjudications. The Memorandum will update the Adjudicator’s Field Memorandum guiding USCIS personnel on determining the merits of L-1B visa petitions. The USCIS issued the L-1B Memorandum with an invitation for public review and feedback. The feedback…
Read MoreAdvance Parole Does not Trigger Unlawful Presence
Traveling abroad on advance parole but with unlawful presence? The Matter of Arrabally and Yerrabelly, 25 I&N Dec.771 (BIA 2012) as an example of the interplay between travel and status. In the landmark decision Matter of Arrabally and Yerrabelly, the Board of Immigration Appeals (BIA) found a husband (Arrabally) and wife (Yerrabelly) – both of…
Read MoreNewsAlert! Worksite Change Requires Amended H-1B Petition
On April 9, 2015, the Administrative Appeals Office (AAO) released a precedent decision (Matter of Simeio Solutions, LLC, 26 I & N Dec. 542 (AAO 2015) in which it concluded a change in the terms and conditions of employment of an H-1B beneficiary, including, change in geographical area not covered in the original LCA constitutes…
Read MoreDriver’s License in Georgia with a Pending Application with USCIS
On January 1, 2014, Georgia Senate Bill (SB) 122 became effective which authorizes the issuance of a temporary driving license or identification card to a noncitizen applicant whose Georgia driver’s license has expired, or will expire within 30 days. Noncitizen applicants must present evidence that they have filed, or on their behalf has been filed,…
Read MoreOverview of the H-4 EAD Rule
As reported in our February 24, 2015 NewsAlert, the U.S. Department of Homeland Security will allow certain H-4 spouses to apply for EAD (Employment Authorization Document). The final rule will go into effect on May 26, 2015. Effective May 26, 2015, USCIS will begin accepting employment authorization applications from certain H-4 dependent spouses of H-1B…
Read MoreDistrict Court Upholds One-Year H-1B Validity Period
Under an approved H-1B nonimmigrant visa, workers are usually permitted to work in the United States for an initial period of 3 years, not to exceed 6 years, in their qualifying “specialty occupation.” After review of all documentation submitted by the filing employer on the Form I-129 application, the USCIS has discretion to evaluate the…
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