Three year H-1B visa approved for sole employee-entrepreneur; USCIS makes good on promise to encourage entrepreneurship
In August 2011, we posted a link and some background related to the current administration's efforts to attract and retain high-skill entrepreneurs. Specifically, a USCIS press release dated 8/2/2011 confirmed an intention to use current immigration law [including H-1B visas and National Interest Waivers] to fuel the nation's economy and stimulate investment, by attracting...
Three year H-1B visa approved for sole employee-entrepreneur; USCIS makes good on promise to encourage entrepreneurship Continue reading…Comparative analysis of H-1B visa usage from 2007 to 2011: U.S. employers hiring more!
Back on April 27, 2011, shortly after the FY 2012 H-1B Cap opened, Iposted that H-1B visa usage statistics going back to 2007 demonstrated that U.S. employers were not hiring as much as some reports would like us to believe. Looking at the numbers going back to 2007, it was clear...
Comparative analysis of H-1B visa usage from 2007 to 2011: U.S. employers hiring more! Continue reading…EB-3 to EB-2 Upgrades: Reducing Green Card Wait Times By Years
Many of our readers are working in the United States pursuant to H-1B status, and have established their place in the green card line, by having an approved labor certification (PERM) application, and I-140 petition for immigrant worker. As you may know, employment based immigration to the United States...
EB-3 to EB-2 Upgrades: Reducing Green Card Wait Times By Years Continue reading…Q & A: H-1B Cap after being away from US for one year; H-1B three-year extensions for Company B, based on Company A approved I-140; Re-capturing previously established priority dates
Question: I stayed in the US on H-1B for six years plus, based on having an approved I-140 petition, and then left the US for more than one year. I now want to return to work for a different employer in H-1B status. Am I subject to H-1B Quota Limitations? Can I use my...
Q & A: H-1B Cap after being away from US for one year; H-1B three-year extensions for Company B, based on Company A approved I-140; Re-capturing previously established priority dates Continue reading…Impact of Government Shutdown on US Visa Matters
Courtesy of AILA: DHS: All USCIS offices worldwide are open and individuals should report to interviews and appointments as scheduled. E-Verify is currently unavailable due to a government shutdown. Please see their notice for policies implemented due to E-Verify's unavailability. DOL: The Administration is working very...
Impact of Government Shutdown on US Visa Matters Continue reading…Hells Angels Sues Over Visa Denials for Foreign Members
The Hells Angels Motorcycle Club has a history of clashing with law enforcement, but the group is hoping a Washington federal judge will take its side in a new fight over federal immigration law. In a lawsuit filed last week, Hells Angels challenged policies that bar foreign members from traveling to the...
Hells Angels Sues Over Visa Denials for Foreign Members Continue reading…Q & A: B-2 visa holder risks of refusal and minimizing the same; F-1 visa as alternative option
Question: My girlfriend is from Brazil and has a B-2 visa stamp. Over the last year, she has spent more than half the time visiting me in the US. The last time she left was about three months, and now she wants to return. Does she run any risk of being denied entry, and...
Q & A: B-2 visa holder risks of refusal and minimizing the same; F-1 visa as alternative option Continue reading…DREAM ACT DEFERRED ACTION UPDATE; PLEASE BE CAREFUL OF POTENTIAL FRAUD BY SO-CALLED “NOTARIOS”
Immigration lawyers around the United States welcomed the Administration's recent announcement that younger immigrants may be eligible for "Deferred Action" and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This exciting new development brings hope to immigrants and their...
DREAM ACT DEFERRED ACTION UPDATE; PLEASE BE CAREFUL OF POTENTIAL FRAUD BY SO-CALLED “NOTARIOS” Continue reading…FY2012 Visa Bulletin Predictions: Forward movement through March, steady for summer then possible retrogression
On the 23 JAN 2012 the American Immigration Lawyers Association (AILA) posted notes from a discussion with Charlie Oppenheim of the Visa Office about visa demand in the employment preference categories, and predictions for the FY2012 Visa Bulletin. - EB green card usage has been very slow in FY2012,...
FY2012 Visa Bulletin Predictions: Forward movement through March, steady for summer then possible retrogression Continue reading…SF immlawyr Q & A: I-539 application basics (being in status at the time of filing the change or extension of status)
Question: Foreign national is in H-1B status with I-94 expiring in June 2012. Spouse has indepedant L-1A status. I-129 H-1B extension pending with USCIS. Foreign national is asking RWG - in case H-1B extension is rejected, can he change status to L-2 (dependent of L-1A) without having to leave the United States? ...
SF immlawyr Q & A: I-539 application basics (being in status at the time of filing the change or extension of status) Continue reading…Supreme Court Limits Arizona’s Overreach on Immigration, Leaves Door Open to Future Challenges
Courtesy of the American Immigration Council Washington D.C. - In a blow to the state anti-immigration movement, the Supreme Court ruled today that the authority to enforce immigration laws rests squarely with the federal government, limiting the role that states may play in crafting state-level answers to immigration enforcement. By a...
Supreme Court Limits Arizona’s Overreach on Immigration, Leaves Door Open to Future Challenges Continue reading…Obama Statement on SB 1070 Supreme Court decision
I am pleased that the Supreme Court has struck down key provisions of Arizona's immigration law. What this decision makes unmistakably clear is that Congress must act on comprehensive immigration reform. A patchwork of state laws is not a solution to our broken immigration system – it's part of the problem. At...
Obama Statement on SB 1070 Supreme Court decision Continue reading…