Gone are the days when a foreign student in F-1 status who fails to maintain their status, such as by failing to attend school or working without authorization, could nevertheless enjoy “duration of status” for several years or more and not accrue unlawful presence in the U.S. until either an immigration judge or the USCIS…
Continue reading ›The U.S. Citizenship and Immigration Services (USCIS) recently updated its guidance, taking a much stricter approach to approving applications that are largely filed by those seeking work in the tech industry. Under the new policy, which goes into effect Sept. 11, 2018, agents will be able to deny applications deemed incomplete or containing errors, without…
Continue reading ›Immigrants on the H-1B highly-skilled visas, as well as their partners, are the targets of an under-the-radar effort to weed out foreign workers. Activists say the move is inhumane and business leaders argue it will hurt the economy. A report released Tuesday by the Silicon Valley-backed immigration lobbying group FWD.us lays out the White House’s…
Continue reading ›USCIS Filing Fees Set To Increase On 12/23/2016 Just in time for the holidays, the U.S. Citizenship and Immigration Services (“USCIS”) has recently announced an increase in the filing fees for almost all of its applications. In particular, applications concerning the “million dollar investment greencard” face filing fee increases in the thousands of dollars. Further,…
Continue reading ›President-elect Trump Will Likely Retroactively Cancel DACA! On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred…
Continue reading ›Congress may move quickly to overhaul a program that allows travel to the U.S. with no visa, something that has come under criticism following the Paris terror attacks. House Majority Leader Kevin McCarthy told reporters Monday that he was looking at action before the end of the year. Without legislation “I think the country will…
Continue reading ›LOS ANGELES — Three Los Angeles-area residents responsible for operating a network of four schools were arrested Wednesday on federal charges for allegedly helping hundreds of foreign nationals remain in the U.S. as foreign students, even though they never attended classes. The three defendants allegedly ran a “pay-to-stay” scheme through three schools in Koreatown –…
Continue reading ›The U.S. Citizenship and Immigration Services (USCIS) recently announced that it a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015 has been received. It has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption. U.S. businesses use the…
Continue reading ›Employers and Employees should be reminded that the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting H-1B petitions that are subject to the FY 2015 numerical limitation (the “cap”) on April 1, 2014, for employment with a start date of October 1, 2014 or later. The H-1B numerical cap is limited to 65,000 visas…
Continue reading ›When an employer sponsors a foreign worker for permanent residence (PERM) or a work visa, like the H-1, L-1, E-1, E-2, or O-1 visa, it certifies under penalty of perjury to the U.S. Citizenship and Immigration Services, U.S. Department of Labor, and/or Secretary of State that it will pay the foreign worker a certain wage.…
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