L-1 Visa
Administrative Processing for Visa Applications
Visa applications are sometimes held for so called “administrative processing.” If your application is delayed for administrative processing, it could mean additional wait time for your case decision. What is Administrative Processing? According to the Foreign Affairs Manual (FAM), Administrative Processing refers to “clearance procedure of the submission of a case to the Department”, or…
Read MoreNo Deference by USCIS to Prior Employment-Based Petition Approvals
On October 23rd, USCIS released a memorandum overturning previous policy on deference of eligibility in the adjudication of petitions for extension of nonimmigrant status. This new memo will affect most non-immigrant workers, as extensions of visas are quite common. The memo comes in response to the Executive order, “Buy American Hire American,” which has impacted…
Read MoreTSA to Enforce Real-ID Standards
If you have traveled domestically in recent months, you probably noticed signs posted by the Transportation and Security Agency (TSA). The posting notifies passengers of new regulations for acceptable state identification requirements for travel within the US. Due to the REAL-ID Act (2005), TSA security agents will no longer accept IDs, or driver’s licenses from…
Read MoreAvoiding USCIS Scams
Around the world, foreign nationals are being targeted by immigration scams. The threat is so prevalent and expansive that the www.uscis.gov reserves an entire section of the website for immigration scam protection and prevention. USCIS requires monetary payments from visa applicants for a variety of filing fees and other expenses. Those who are awaiting decisions…
Read MoreApply for EAD and SSN Simultaneously
To work lawfully in the United States, you may need to obtain a Social Security Number (SSN) from the Social Security Administration (SSA). SSNs report wages to the government and determine eligibility for certain government programs. Earlier last month, USCIS released a new Employment Authorization Document (EAD) that now includes the option to apply for…
Read MoreChanges to Foreign Affairs Manual (90 day rule): New Guidelines for Inadmissibility for Misrepresentation
On the first of September, the Department of State (DOS) released new guidelines, published in the Foreign Affairs Manual (FAM), for the term “misrepresentation” for the purposes of deciding grounds for inadmissibility. Misrepresentation of intent to enter the US or receive a visa presents grounds for inadmissibility under INA. The new announcement eliminates the DOS…
Read MoreUnderstanding Your Status: Lawful Status, Period of Authorized Stay, & Lawful Presence
A foreign national’s legal status at the time of a change, extension, or adjustment of status can influence the outcome of an immigration matter. An error in maintaining legal status may prevent the foreign national from receiving the desired immigration benefits. It is important to understand your current legal status and how it may determine…
Read MoreFOIA Request to Resolve Immigration Issues
The Freedom of Information Act (FOIA) gives any person the right to request access to records and documents from government agencies. Individuals with pending immigration cases can make a request under the FOIA for important records held by U.S. Department of State (DOS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S.…
Read MoreH- 1B Visa Compliance Review: USCIS Site Visits
H-1B visas allow foreign workers the opportunity to work for companies in need of specialized labor. The petitioners at the time of filing the H-1B petition agree to comply, and are subject to, U.S. Citizenship and Immigration Service (USCIS) fraud investigations. During a USCIS compliance review, a Fraud Detection and National Security (FDNS) officer can…
Read MoreSteps to Replace Lost Passport with U.S. Visa
Losing a passport with a valid U.S. visa, particularly in a foreign country, is always a huge setback especially for those who are on a short vacation and must return to the U.S. to resume their employment or to attend school. Irrespective of the care one takes to guard important documents, every year many passports…
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