H-1B Work Visa
Presumption 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…
Read MoreI-94 Format Change: Arrival/Departure Form Number
The United States Customs and Border Patrol (CBP) updated guidance for I-94 and I-94W Arrival and Departure forms. Beginning May 2019, I-94 records will be alphanumeric, a change from the strictly numeric 11 digit system. Depletion of Numeric-Only I-94s Codes The record numbers for form I-94s are essential in any immigration application. While these record…
Read MoreDOL Investigations Yields Order for H-1B Backpay
A United States Department of Labor (DOL) investigation has resulted in a federal order for a Minnesota technology company to pay an engineer back wages to the amount of $43,336. A federal judge ruled against the company, citing violations to H-1B wage regulations. The Case The DOL Labor’s Wage and Hour Division (WHD) and its…
Read MoreThe $5 Billion Behind H-1B: NFAP Report
Several media sources, and employers across the nation, were surprised when the National Foundation for American Policy (NFAP), a non-partisan research group, released aggregated data from the last two decades of H-1B filings. Since Fiscal Year 1999, H-1B fees payed by employers totaled nearly $5 billion. The report, released early April, highlights many of ways…
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