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Immigration Law Blog

Thursday, April 26, 2018

Employers and Immigration Compliance: What You Need to Know

The Immigration and Nationality Act (INA) makes it illegal for employers to knowingly hire undocumented workers and requires employers to verify each worker’s identity and eligibility by completing the I-9 Form. An employer’s failure to complete the I-9 Form can result in criminal and civil penalties.


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Friday, April 20, 2018

Fiscal Year 2019 H-1B Cap Lottery Complete

On April 6, 2018, USCIS announced that it had received a sufficient number of H-1B cap petitions during the period between April 2, 2018 and April 6, 2018 to meet the congressionally mandated statutory cap of 65,000 and the U.S. advanced degree exemption (or Master’s cap) of 20,000 for Fiscal Year 2019.


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Friday, March 9, 2018

Scheduling an InfoPass Appointment to Inquire About Your Immigration Case

InfoPass is a free service that lets you request information or inquire about your immigration case by scheduling an appointment with your local U.S. Citizenship and Immigration Services (USCIS) office. This service is available to anyone, and you do not technically need to be represented by an attorney. However, if you do have an attorney you should be sure to consult with him or her before engaging in any communication with USCIS.


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Wednesday, February 14, 2018

How to Get Your School “I-20 Certified"

Student and Exchange Visitor Program (SEVP) certification enables schools to enroll foreign students and issue a Certificate of Eligibility for Student Status (Form I-20), declaring the prospective student is eligible for the F-1 student visa. Once certified, the school is authorized by the Department of Homeland Security (DHS) to enroll nonimmigrant students.


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Friday, January 26, 2018

I Have a Green Card…and a Criminal Conviction: Can I Travel Abroad?

Lawful permanent residents (LPRs) also known as “green card holders” who have criminal convictions may encounter problems when attempting to re-enter the United States after traveling abroad and should consult an immigration attorney before planning any trips outside of the country.


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Friday, December 29, 2017

USCIS clarifies its position with respect to TN nonimmigrants employed as “Economists”

As of November 20, 2017, USCIS has clarified its position with respect to TN nonimmigrants employed as “Economists.”

Going forward, USCIS will consider an “Economist” an individual who engages in activity such as:

  • Conducts research, prepares reports, or formulates plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy;
  • Collects and processes economic and statistical data using sampling techniques and econometric methods.

 


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Tuesday, December 12, 2017

Types of Legal Entry into the United States

Foreign nationals may legally enter the United States by obtaining a visa. There are two types of visas, the immigrant visa and the non-immigrant visa. Immigrant visas allow aliens to enter and reside in the U.S. for the long term. Non-immigrant visas are issued for limited periods of time and for specific purposes, such as tourism, business, study, temporary work or medical treatment.


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Wednesday, November 22, 2017

Dual Citizenship

Dual citizenship, or dual nationality, means that a person is a citizen of two countries simultaneously. It is also possible to simultaneously be a citizen of three or more countries. Dual citizenship occurs when an individual becomes a citizen of another country, in addition to his or her birth country. Generally, countries define citizenship based upon one’s place of birth, descent, marriage or naturalization process.


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Thursday, October 26, 2017

Updated USCIS Policy Guidance Eliminates “Deference” Given To Prior Determinations Of Eligibility When Adjudicating Nonimmigrant Visa Extension Petitions

Updated policy guidance from the USCIS, effective as of October 23, 2017, instructs officers to apply the same level of scrutiny when reviewing nonimmigrant visa extension requests even where the petitioner, beneficiary, and underlying facts are unchanged from a previously approved petition.


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Tuesday, October 10, 2017

Do Local Police Have to Detain Illegal Immigrants?

Are local law enforcement agencies required to detain undocumented immigrants on behalf of the federal government? A new finding suggests that jurisdictions that partake in Secure Communities, a program whereby the FBI crosschecks the fingerprints of any individual taken into custody by local law enforcement officials against a U.S. Immigration and Customs Enforcement (ICE) database, do not have to adhere to federal requests to retain undocumented immigrants. The findings come from documents obtained from the Internal Department of Homeland Security and could drastically affect the way local law enforcement agencies treat undocumented immigrants.


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Tuesday, October 3, 2017

UPDATE: USCIS Resumes Premium Processing for All Applicants Seeking H-1B Visas

10/3/2017 UPDATE:  U.S. Citizenship

U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B petitions.  For additional information regarding the above, please visit USCIS website.


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