Articles Posted in Immigration Law

If you are an immigrant applying for a U.S. visa and work in science, technology, engineering, or mathematics (STEM), you may be affected by the Technology Alert List (TAL). The TAL is a set of guidelines used by U.S. consulates to identify visa applicants whose work involves sensitive technologies that could pose a national security…

The Alien Enemies Act of 1798, codified at 50 U.S.C. §§ 21–24, is one of the four laws passed under the Alien and Sedition Acts during the presidency of John Adams. While the other three acts have long since expired or been repealed, the Alien Enemies Act remains in effect, standing as a relic from…

The H-1B visa program is one of the most important avenues for U.S. employers seeking to hire highly skilled foreign workers in specialty occupations. With a focus on industries like technology, engineering, healthcare, and finance, the H-1B visa allows employers to fill roles that require specialized expertise. However, under Trump’s presidency, several policy changes have altered the landscape of…

All persons who are in the U.S., whether legal or illegal, have fundamental rights protected by the U.S. Constitution. If a person is stopped by an immigration officer, or any law enforcement officer, it is important to know the below: 1. The Right to Remain Silent Under the Fifth Amendment to the U.S. Constitution, all…

Tom Homan, Donald Trump’s incoming “Border Czar,” wants officials in Chicago, America’s third-largest city, to “get the hell out of the way” of his plans for mass deportations or risk prosecution. Homan announced to a group of Chicago Republicans on December 9, 2024, Monday night, Chicago and the state of Illinois are “in trouble” because…

USCIS has recently updated its DACA FAQs to expressly provide that DACA recipients may obtain Advance Parole to travel to their consular employer-sponsored nonimmigrant visa appointment. The specific FAQ states: Q60: As a DACA recipient, can I travel outside of the United States? A60: Not automatically. If you want to travel outside the United States…

reprinted from USCIS website: The Department of Homeland Security today announced a Federal Register notice to implement Keeping Families Together, a process for certain noncitizen spouses and stepchildren of U.S. citizens. This is part of an effort to promote the unity and stability of families, increase the economic prosperity of American communities, strengthen diplomatic relationships with…

The EB-1A employment-based category is reserved for aliens of extraordinary ability in the sciences, arts, education, business, or athletics. Under INA §203(b)(1)(A), qualified applicants may skip obtaining a labor certification or evidence of an offer of employment. In other words, just like the EB-2 National Interest Waiver, an employer sponsor is not required. In many…

In 1990, Congress created a green card path for people whose work is deemed to be in the national interest. The National Interest Waiver (NIW) category has been both highly popular and nearly dead at various times over the last three decades depending on the views of the government at various moments in time. NIWs…

If you are a temporary visa holder who wants to apply for a green card or marry a U.S. citizen or permanent resident, you may have heard of the USCIS 90-day rule. This is a guideline that USCIS uses to determine whether you misled the government officials when you obtained your visa or entered the…