November

Blog Posts in November, 2015

  • Improper Denial of USCIS Benefits Due to "Implied Departure"

    It has been reported recently that USCIS has denied Change of Status (COS) or Adjustment of Status (AOS) applications when an applicant purchased an airline ticket to depart the U.S. but never boarded the plane and left the U.S. The denials are on the basis that the applicant allegedly left the U.S. and abandoned the COS or AOS application. When an applicant purchases an airline ticket, the trip ...
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  • Employer Held Personally Liable for Back Wages and Expenses of Obtaining H-1B and J-1 Waivers

    On August 20, 2014, in Kutty v. United States Department of Labor, Case Number 11-6120, the United States Court of Appeals for the Sixth Circuit held that the owner of several medical clinics in Tennessee and Florida was personally liable for back wages, cost of obtaining H-1B and J-1 waivers incurred by physicians hired by the clinics, failure to make the LCA for public inspection, and civil ...
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  • China EB-5 Immigrant Visas All Used Up for FY2014

    On August 23, 2014, the Department of State announced that the numerical limit of EB-5 immigrant visas available to Chinese applicants for FY2014 has been reached. This is significant because it is the first time that the EB-5 immigrant visa quota allocated to Chinese applicants has been reached since Congress created the EB-5 program in 1990. However, given that there is only one month left in ...
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  • How A New Interpretation of INA §203(d) Can Remove Immigrant Visa Backlogs

    The U.S. immigration system puts a limit on the number of immigrant visas (i.e. green card) that can be granted to aliens in a given year. The annual numerical limits for the employment-based preference categories and the family-based preference categories are 140,000 and 226,000, respectively. Within each category, the numerical limits are further divided into per-country quota.As of the time of ...
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  • President Obama Delays Executive Action on Immigration Until After Midterm Elections

    President Obama said last Saturday that he will delay taking executive action on immigration reform until after the midterm elections in November. Three months ago, the President promised to take unilateral measures by the end of this summer if Congress fails to act on immigration reform. During a speech in June, he said, "If Congress won't do their job, at least we can do ours. "The immigration ...
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  • Charles Oppenheim's Analysis of September 2014 Visa Bulletin

    Immediately following publication of each month’s Visa Bulletin, the American Immigration Lawyers Association checks in with Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State (“DOS”), to obtain his analysis of current trends and future projections for the various immigrant preference categories. Through these discussions, it is hoped that ...
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  • Updated Guidance on H1B Eligibility for Nurses

    On July 11, 2014, the USCIS issued a policy memorandum (PM) that provides updated guidance to adjudicators to determine whether a particular nursing position meets the definition of the H1B specialty occupation. This PM is intended to reflect the changes in the nursing industry in the past decade. Registered Nurses Are Not Commonly H-1B Specialty Occupation One key requirement for the H-1B ...
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  • Recent Development in H-1B Adjudication

    Until recently, if a cap-subject H-1B application was withdrawn by the sponsoring company prior to October 1 (start date of employment under H-1B), the Beneficiary was not counted against the H1-B cap. However, in a meeting with American Immigration Lawyers Association (AILA) in May 2014, USCIS has stipulated an additional condition for H1-B petitions filed under consular processing. According to ...
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  • DOS Technical Problem Causes Delay in Visa Issuance

    Update from August 4, 2014, on the U.S. Department of State website : We have made significant progress and issued most of the worldwide backlog of nonimmigrant visa cases. We are working to bring the Consular Consolidated Database back to full operational capacity. We continue to prioritize immigrant visas, adoption cases, and emergency nonimmigrant visa cases. We are printing visas for these ...
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  • USCIS Released New Tool Kit for DACA

    USCIS released a new Deferred Action for Childhood Arrivals Toolkit for Community Partners.The toolkit includes: DACA program overview “How Do I Request Consideration of DACA?” customer guide Tip sheet Frequently asked questions DACA process infographic “Avoid Immigration Scams” flier List of federal government resources
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  • USCIS Released New Tool Kit for DACA

    USCIS released a new Deferred Action for Childhood Arrivals Toolkit for Community Partners.The toolkit includes: DACA program overview “How Do I Request Consideration of DACA?” customer guide Tip sheet Frequently asked questions DACA process infographic “Avoid Immigration Scams” flier List of federal government resources
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  • Success Story: I-601A Provisional Unlawful Presence Waiver

    In October 2013, Verma LAW FIRM was retained by a client who illegally crossed the U.S. border ten years ago and has since been living in the U.S. with her U.S.-born husband and two children. Her husband filed an I-130 petition (first step of the family green card process) for our client and it was approved in 2004. However, since our client entered the U.S. illegally, she was not eligible to ...
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  • CSC Specifies Required Documentation to Confirm H-1B Beneficiary has Completed Requisite Degree Requirements

    The CSC Liaison Committee requested the CSC to confirm what documentation was considered adequate to demonstrate that an H-1B beneficiary has completed the requisite degree requirements. The CSC stated the following: We will accept the following so long as the degree requirements were completed prior to filing: A final transcript; OR A letter from the Registrar; OR A letter executed by the person ...
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  • 2015 Poverty Guidelines Have Been Released

    2015 Poverty Guidelines Have Been Released 2015 Poverty Guidelines Have Been Released The U.S. Department of Health and Human Services (HHS) released the 2015 Poverty Guidelines on January 22, 2015. The Poverty Guidelines are separated into three charts. One chart is for the 48 contiguous states plus the District of Columbia. The other two charts are for Alaska and Hawaii. The 2015 Poverty ...
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  • USCIS Announces Resumption of Premium Processing Service

    USCIS Announces Resumption of Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker WASHINGTON�USCIS announced today that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2). After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative ...
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