H-1B Work Visa
Employer’s Responsibility for Terminating H-1B Employees (Update)
In our February 9, 2014 blog Employer’s Responsibility for Terminating H-1B Employees, we discussed an employer’s responsibility for ending the employer/employee relationship of H-1B employees. In that blog, we explained an employer must effect a bona fide termination of an H-1B employee’s employment in order to avoid back wage liability. At the time of the…
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 MoreNewsAlert! H-4 EAD Rule Approved
We are delighted to announce that the rule allowing certain H-4 spouses to apply for EAD (Employment Authorization Document) has been approved. The final rule will go into effect in 90 days on May 26, 2015. We will shortly post additional details about the rule.
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…
Read MoreU.S. Embassy in Jamaica Puts New Restrictions on Third-Country National Visa Applicants
A Third Country National (TCN) Visa is a process whereby an alien, who is already in the U.S., can apply for a non-immigrant visa with a U.S. Consulate, located outside of their home country. This often makes the process more convenient for non-immigrants applying for the same visa status as his/her current visa status in…
Read MoreForeign Beneficiary May Challenge Revocation of I-140 Immigrant Petition
One of the most widely used provisions of American Competitiveness in the Twenty First Century Act (AC21) is the portability provisions that permits employment-based green card beneficiaries to move the green card application to a new employer provided certain conditions are met. The United States Court of Appeals for the Eleventh Circuit with jurisdiction over…
Read MorePresident’s Executive Actions on Immigration
On November 20, 2014, President Obama announced a series of immigration initiatives that could become effective as early as in the next 3 to 6 months. More than 4.5 million individuals potentially may stand to benefit from these long-awaited Executive Actions, including recipients of Deferred Action for Childhood Arrivals (DACA) program. These initiatives will allow…
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