H-1B Work Visa
H-1B Amendment Requirement when Changing Work Location
As an H-1B employee, it is important to understand the rules and regulations surrounding changes to your working conditions, particularly when it comes to changes in your work location. The U.S. Citizenship and Immigration Services (USCIS) has provided relatively clear guidance on when an amendment to your H-1B visa is required in the event of…
Read MoreUSCIS Proposes Fee Increase and Imposition of New Fees
The proposed rule by the United States Citizenship and Immigration Services (USCIS) to increase fees for most immigration benefit requests is likely to have a significant impact on employers in the United States. If implemented, employers will pay significantly more for most nonimmigrant and immigrant filings. One of the key takeaways for employers from the…
Read MoreObtaining Green Card after Status Violation: 245(k) Benefit
The immigration provision of Section 245(k) of the Immigration and Nationality Act (INA) allows certain individuals, who are present in the United States after having failed to maintain lawful immigration status, to adjust their status to that of a lawful permanent resident (LPR) without having to leave the country. This exemption applies to an applicant who…
Read MorePresumption of Immigrant Intent for Nonimmigrant Visas
Nonimmigrants, or individuals who enter the United States temporarily for a specific purpose, such as tourism, education, or business, may face a presumption of immigrant intent when applying for a visa or attempting to enter the country. This means that the individual is assumed to have the intent to immigrate permanently to the United States,…
Read MoreImmigration Consequences for Marijuana
In recent years, many states in the United States have legalized the use, possession, and sale of marijuana for medical or recreational purposes. However, despite these state law changes, marijuana remains illegal under federal law and non-citizens can still face serious immigration consequences for marijuana offenses. First, it is important to understand that marijuana is…
Read MoreImpact of the Termination of ACICS Accreditation
The U.S. Department of Education (DOE) recently terminated recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency on August 19, 2022. This decision of termination of ACICS accreditation has significant implications for certain foreign nationals, particularly those who are seeking to enroll in an English language study program at…
Read More221(g) & Visa Refusal
The purpose of this blog post is to explain the common reason for visa application rejection under INA Section 221(g) and how it affects future visa applications. When an individual applies for an L-1, B-1, F-1, H-1B, or other nonimmigrant visa at the U.S. consulate abroad, it is not uncommon to be initially refused under…
Read MoreI-94 Expiration: Review Your Date
It is important for individuals in nonimmigrant status to keep track of the expiration dates on their I-94 forms, as these documents reflect the length of time a person is permitted to stay in the United States. I-94 forms are issued by U.S. Customs and Border Protection (CBP) at ports of entry and can also…
Read MoreUSCIS Challenged: Court Considers Restrictive H-1B Policies
A lawsuit filed by ITServe Alliance came to court for pre-trial proceedings on May 9th, bringing forth arguments against the United States Citizenship and Immigration Service (USCIS) and the Service’s policies that continue to produce H-1B visa denials. While there continues to be several restrictive USCIS policies, this lawsuit brings forth the issue of H-1B…
Read MoreUSCIS & DHS Takedown Immigration Fraud Scheme Directed at Families
In Florida, federal prosecutors and the United States Attorney Maria Chapa Lopez announced indictment charges for Erika Paola Intriago, of Tampa, Florida. Intriago stands accused of four counts of wire fraud and three counts of wrongfully using government seals. Allegedly, Intriago posed as an immigration attorney through social media, manipulating immigrants and immigrant families from…
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