Employment

Archive

Foreign Students Who Work Stymied on Post-Graduation Employment

By Laura D. Francis International students primed for work in the U.S. are having a tough time getting visas under a strict, unannounced change in government policy. For at least the past couple of months, U.S. Citizenship and Immigration Services has been denying H-1B skilled guestworker visas to former international students who worked in their field […]

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Consular Red Flags in E Visa Adjudications

Red Flags for Consuls in E Visa Cases 1) Overly complicated company structures Consular officers take pride in their ability to process complex E visa cases, and many of them have a pretty sophisticated understanding of complicated business structures, but they also have limited time to analyze them. If an E visa application describes a […]

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Advising Students and Exchange Visitors on the Revised Final Guidance on Unlawful Presence

On August 9, 2018, U.S. Citizenship and Immigration Services (USCIS) published a revised final policy memorandum with guidance relating to the accrual of unlawful presence for F and M nonimmigrant students, and J nonimmigrant exchange visitors. Pursuant to the revised guidance which became effective on August 9, 2018, students and exchange visitors in F, J, […]

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E Visas and Dual Intent

Unlike Ls and Hs, there is no specific statutory recognition of dual intent for E visa holders. Compare INA§214(h) with INA 101(a)(15)(e), n.b. 8 CFR§214.2(h)(16) and 8 CFR§214.2(l)(16). Still, there is longstanding recognition that E visas are different from other visa categories. As with A and G visas, adjustment of status from an E visa requires filing an I-508 waiver […]

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Allegations of Fraud at the Adjustment of Status Phase for Asylee

In recent months, there have been reports that USCIS has requested waivers of inadmissibility from asylee adjustment of status applicants based on alleged fraud relating to the asylees’ initial arrival to the United States. Allegations of Fraud or Material Misrepresentation Recently, there have been reports of USCIS issuing RFEs or otherwise raising inadmissibility under INA […]

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U.S. citizens applying for green cards for noncitizen spouses see growing waits

More and more couples applying for a green card through their marriage are experiencing a longer wait period for their Green Card interview. Anastasia Tonello, president of the American Immigration Lawyers Association, said she believes Trump administration policy changes are responsible in part for fueling delays by creating more work for immigration officers. Among those […]

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EB-5 Regional Center Sunset

EB-5 Regional Center program is scheduled to sunset on September 30, 2018. Here are some updates to keep in mind: Non-Regional Center EB-5 Has No Sunset. It is important to remember that only the EB-5 Regional Center Program has a sunset date. If only direct job creation is requested by a client (non-Regional Center), then […]

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Talking Points and Background Information on USCIS RFEs and NOIDs Guidance

What is It? On July 13, 2018, USCIS issued new guidance regarding adjudicator discretion to deny a request for an immigration benefit without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). The new policy makes it easier for USCIS to deny an application or petition without first issuing an RFE […]

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“Buy American, Hire American” – Hurting U.S. Companies?

On April 18, 2017, President Trump issued the “Buy American and Hire American” (BAHA) Executive Order[1], ushering in a new immigration regime in the Department of Homeland Security (DHS).[2] While the laws have not changed, the presidential directive has radically transformed DHS’s approach to adjudicating immigration cases, some would argue, to the detriment of some […]

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New Complaint Accuses ICE of Threatening Undocumented Parents Into Signing Deportation Papers or Never Seeing Their Kids Again

A complaint filed with the Department of Homeland Security accuses ICE of engaging in the “pervasive, illegal practice” of coercing the undocumented immigrant parents separated from their children at the border into signing documents, including deportation documents, they may not have understood. The complaint comes via the American Immigration Council and the American Immigration Lawyers Association, filed […]

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