Immigration is a frequent headline topic. It is presented as a problem to be fixed - whether the broken bureaucracy on one side or a dilution of cultural identity on the other. Discussions often are heated and viewpoints divisive. These are arguments dating back to...
On December 27, 2016, the Administrative Appeals Office (AAO) issued a precedent decision in Matter of Dhanasar that modifies the framework for how the U.S. Citizenship and Immigration Services (USCIS) will now adjudicate national interest waiver (NIW) petitions. On its face, the new three-prong test...
Today, the Department of Homeland Security (DHS) released an advance copy of the final international entrepreneur rule. It will be published in the Federal Register on Tuesday, January 17, 2017, and is scheduled to go into effect 180 days from the date of publication. However,...
... I understand that, if my H1B petition is accepted for processing and is not denied, revoked, or withdrawn, it will allow me to continue working on cap gap past the expiration of my OPT EAD. If my wife does not file her application for...
On January 17, 2017, a final immigration rule, primarily impacting high-skilled workers, goes into effect. The rule is intended to "improv[e] the ability of U.S. employers to hire and retain high-skilled workers … [and] increase[e] the ability of those workers to seek promotions, accept lateral...
Each quarter, the Student Exchange Visitor Program (SEVP) releases a report that provides key data from the Student and Exchange Visitor Information System (SEVIS) on the makeup of international students who choose to study in the United States. A look at these quarterly reports can...
There is virtually no movement of significance in the employment-based categories of the February 2017 Visa Bulletin, which was released by the U.S. Department of State (DOS) earlier today. The few advances that do occur are all in the final action (FA) chart; the dates...
In 1965, the U.S. Congress passed a landmark law known as the Immigration and Nationality Act (INA). The law served as an overhaul to existing immigration policy that had been in place since the 1920s, much of which relied on xenophobic concepts such as national...
Answer Generally speaking, a person with an H-4 EAD may apply for unemployment benefits, assuming s/he otherwise qualifies. (09.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...
Answer Generally, a start-up may sponsor workers for green cards. But, like all other companies, an 'ability to pay' the foreign worker being sponsored likely will be required. Depending on the circumstances, this can be a bit more challenging to prove for a new company. (09.Jan.2017)In...
