Employment - Page 2

Archive Employment page 2

EB-5 Visa Waiting Lines

On April 23, 2018, Mr. Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, spoke at an EB-5 industry conference regarding visa waiting lines for EB-5 investors.iiHe indicated that EB-5 visa applicants chargeable to mainland China and Vietnam now face visa backlogs for the foreseeable future, and that EB-5 […]

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Visa Applicants Being Asked if Americans Can Do Their Jobs

Questions arose at consulates following ‘Hire American’ order More scrutiny, but not necessarily more denials An unexpected question has been popping up for some temporary employment visa applicants during their interviews at U.S. consulates: “Why can’t an American do this job?” “How do you even answer that question?” David Strashnoy of Stone Grzegorek Gonzalez in […]

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New USCIS Policy on Requests for Evidence and Notices of Intent to Deny

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted […]

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Considerations When an EB-5 Investor is a Minor

Since approximately November 2017, the U.S. Citizenship and Immigration Services (USCIS) has been regularly issuing Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) regarding the enforceability of purchase contracts to acquire equity units in EB-5 new commercial enterprises (NCEs) executed on behalf of investors who are under 18 years of age (commonly […]

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CAT Protection for Asylum Seekers

AILA’s Asylum and Refugee Committee provides this practice pointer featuring tips, resources, and feedback opportunities for practitioners representing asylum seekers with cases potentially impacted by the Attorney General’s opinion in Matter of A-B- along with USCIS’s implementing guidance. After Matter of A-B- and USCIS’s Implementing Guidance, Don’t Forget to Argue for Convention Against Torture Protection July 26, […]

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Notes on Travel Ban Waiver Processing

Who determines eligibility under the travel ban prongs? There is a three-step analysis conducted by a consular post to determine visa eligibility for nationals of countries subject to the travel ban. The consular post determines if the applicant is 1) eligible for the visa category; and 2) in a category of person exempt from the […]

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Visa policy change will make it easier for Trump administration to deny applications

New York (CNN) – Visa policy change will make it easier Trump administration to deny applications It will soon be easier for the Trump administration to deny visas. In a move that further curbs immigration, the U.S. Citizenship and Immigration Services is giving anyone who reviews visa applications or petitions the discretion to deny requests, without […]

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H-1B Lottery Q&As

Q: How Does USCIS Determine the Number of Petitions to Select in the Lottery? A: USCIS utilizes data from prior FYs to project the number of petitions to select. SCOPS is responsible for reviewing data and projecting the target number. After filing window is closed, SCOPS monitors petition approvals to help project numbers for next […]

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Trump administration activates new asylum crackdown. Potentially valid claims could be denied

WASHINGTON — The Trump administration formally activated its new asylum crackdown on Thursday, a move that could make it even more difficult for immigrants seeking U.S. refuge. Thursday’s directive by U.S. Citizenship and Immigration Services, part of the Department of Homeland Security, goes even further than the one Attorney General Jeff Sessions announced last month when he said victims of […]

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OSC Issues Flyer for Employers of Refugees and Asylees on Working in the U.S.

OSC issued a flyer for employers of refugees and asylees on their right to work in the United States.

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