H-1B Work Visa
Supreme Court Rules Citizenship Cannot be Rescinded Due to False Statements
Can a naturalized citizen have her citizenship revoked for making an immaterial false statement in her naturalization application? On June 22, 2017 the Supreme Court in Maslenjak v. United States decided that to rescind one’s citizenship due to false statement made during the immigration process, the statement has to be material. In other words, “the…
Read MoreObtaining Waiver for Nonimmigrants
Nonimmigrants who are found ineligible for admission (inadmissible) for entry into the U.S. are permanently barred from entering or remaining in the U.S. Generally, an inadmissible individual can seek entrance on a temporary basis with an Immigration and Nationality Act (INA) §212(d)(3) nonimmigrant visa waiver. This waiver is available to foreign nationals who have been…
Read MoreMultiple H-1B Petitions Filed for Same Beneficiary
Now that the H-1B cap season for fiscal year 2018 (FY18) is over, we are receiving inquiries from the employers and beneficiaries asking us if a foreign national may be a beneficiary of two or more cap-subject petitions. United States Citizenship and Immigration Services (USCIS) has become increasingly strict on multiple H-1B petitions that are…
Read MoreWarrantless Searches by CBP at the Border and Port of Entry
U.S. Customs and Border Patrol (CBP) agents have the broad legal authority to conduct searches at the border and Port of Entry (POE). Unlike police officers who need search warrants, CBP can conduct searches “without individualized suspicion” as stated in CBP’s policy. U.S. citizens, lawful permanent residents, and visitors alike are subjected to CBP searches,…
Read MoreDelays for H-4/EAD Applications Filed with Premium Processing H-1Bs
In light of the recent temporary suspension of premium processing for all H-1B petitions on April 3, 2017, U.S. Citizenship & Immigration Services (USCIS) has experienced an influx of H-1B petitions filed under premium processing service. As per the current estimates, USCIS received 50,000 premium processing applications in the last three days of March 2017.…
Read MoreChange in Authorized PERM Signatory at Audit
The Board of Alien Labor Certification Appeals (BALCA) recently reversed a Permanent Employment Certification (PERM) denial involving a change in the PERM application’s signatory at the time of an audit. The facts and legal issues of the case are summarized below based on public records. Please note that Sharma Law Offices, LLC did not represent…
Read MoreSTEM OPT Rule Found Invalid
On August 12, 2015, the U.S. District Court for the District of Columbia issued a decision in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security vacating the Department of Homeland Security’s (DHS) 2008 rule which extends the duration of optional practical training (OPT) for eligible STEM students. However, the court stayed the…
Read MoreInterfiling New Immigrant Petition into Pending I-485 Case
Interfiling – also referred to as “conversion” or “transfer” – is a process where a foreign national seeking to adjust status can change the underlying immigration petition (most often an I-140 employer sponsored petition or an I-130 family based petition) forming the original grounds for the I-485 adjustment of status application. Rephrased, interfiling permits the…
Read MoreBIA Appeal Reverses Material Misrepresentation on I-485
From time to time, like in our previous writing, Abandonment of LPR (Green Card) Status (Part II), we discuss unpublished/non-precedential decisions of the Board of Immigration Appeals (BIA) made public thru various means. While non-precedential decisions are only binding on the parties to the case – they are nevertheless very instructive because the BIA is…
Read MoreWhen to File Amended or New H-1B Petition
In our previous writing – NewAlert! August 19, 2015 Deadline For Filing Amended H-1B Petitions – we advised our readers of the U.S. Citizenship and Immigration Services (USCIS) May 21, 2015, Draft Guidance on when to file an amended H-1B petition based on its interpretation of the April 9, 2015, Administrative Appeals Office (AAO) precedential…
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