Uncertain Future for Spouse EAD (H-4)

The H-4 EAD program allows certain dependents of H-1B highly skilled nonimmigrant workers the opportunity to apply for employment benefits. The work program is administrated by the United States Customs and Immigration Service (USCIS) under the direction of the Department of Homeland Security (DHS). However, the program is under threat by both a federal court…

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Change of Address for Non-Citizens & Citizens

In most cases, the United States Citizenship and Immigration Service (USCIS) requires only non-U.S. citizens to report a change of address. However, if you are a U.S. citizen serving as a sponsor for a non-U.S. citizen, you may have to submit a Form I-865 to update your most recent address. Non-U.S. Citizens If you are…

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H-1B in FY 17: Warnings for Future Applicants

These last several months featured some of the most radical changes to legal immigration in recent history. American businesses interested in hiring foreign nationals now struggle to stay updated on new procedures and practices coming out of USCIS, especially regarding the approval of highly skilled employees. Many employees capable of filling highly skilled, high demand…

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What is a Notice to Appear? (NTA): New Memos Hit Legal Immigration

In the last couple of weeks, the buzz surrounding recent memos released from the United States Customs and Immigration Service (USCIS) have left many on edge. In such a short period of time, USCIS has made historic levels of change to immigration law. Now, with talk of NTAs, RFEs, and NOIDs those affected by recent…

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Immigration Document Retention for Past Employees

When necessary, employers must terminate a foreign national employee. Typically, once a terminated employee leaves the company, the employer is no longer obligated to fulfill responsibilities as an immigration sponsor. At least, many employers believe that their responsibilities end at termination and they do not need to retain any documents. However, years later federal investigators…

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Unpacking the USCIS Memorandum: NOID & RFE (Part 2 of 2)

In the past few weeks, two memorandum out of the United States Customs and Immigration Service (USCIS) have upturned years of immigration procedures. In the first memo, USCIS announced a new direction to encourage USCIS officers to freely issue notices to appear (NTA), notably for cases in which a visa application is denied. In a separate…

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USCIS Can Now Deny at Will: NOID & RFE (Part I of 2)

For many years, USCIS adjudicators have provided applicants & petitioners with the benefit of the doubt. As such, applications, petitions, and requests were not outright denied if a USCIS officer noticed an absence of evidence or if evidence was insufficient for eligibility. For years, USCIS officers instead issued requests for evidence notices (RFE) or a…

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H-1B Delays: AMA Raises Concerns

The American Medical Association (AMA), the largest association of physicians in the United States, wrote a public letter to the director of the U.S. Customs and Immigration Service (USCIS) expressing concerns about the prolonged waiting period for H-1B visas. The USCIS move towards increased investigation of prevailing wages in the last few months created an enormous…

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Understanding your Approval Notice for Immigration Purposes

Although this may seem quite simple, many with Form I-797A Approval Notices have experienced confusion regarding the expiration of their period of approved stay; and rightfully so. Recently, the United States Customs and Immigration Service (USCIS) began issuing approval notices with two different validity periods. Thus, the question remains: when does your period of stay…

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Advance Parole for Canadian Citizens

Advance Parole for Canadian Citizens is an important topic for those who wish to travel internationally while their U.S. immigration application is pending. Leaving the United States, even for a brief period of time, can be extremely complicated for foreign nationals. This risk increases if an individual wishes to leave the United States while an…

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