L-1 Visa
USCIS Guidance on Employment Based Adjustment Applications
US Citizenship and Immigration Services (USCIS) recently issued guidance on several issues concerning the processing of employment based adjustment of status applications for dependents, the use of Supplement J, and the transfer of files from Field offices. Dependent Adjustment of Status Filing USCIS makes every effort to concurrently adjudicate the cases of the principal and…
Read MoreLayoff of U.S. Workers in the PERM Context
Layoffs of U.S. workers can have big effects on employers in the context of the PERM (Program Electronic Review Management) process for getting permanent labor certification. The rules say that if an employer has fired U.S. workers in the same or a similar job in the area of intended employment within the last six months…
Read MoreCBP Announces New US Bridge Visa Foil
A visa is a document issued by the U.S. Department of State that allows a foreign national to travel to the United States for various purposes. The visa is typically required to be presented at the port of entry to the United States and is required for the foreign national to be admitted into the…
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 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 MoreCBP at the Port of Entry Refuse to Adjudicate L-1 Renewal Petitions
Customs and Border Patrol (CBP) officials at the Canadian border have reportedly denied Canadian citizen’s applications to renew L-1 petitions. At the Canadian border, CBP has refused to adjudicate anything other than initial L-1 petition or applications for commuter L class visas for Canadian citizens with visa exemptions under NAFTA. The sudden change in adjudicating…
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