Advance Parole May Soon Disappear

US Citizen and Immigration Service (USCIS) has started to strictly enforce the restrictions on advance parole. For example, as is stated in the instructions to the advance parole form (I-131), a departure while the advance parole is pending, if based on an adjustment of status (I-485) filing, will result in the abandonment of the I-485.[…]

The End of DACA

It is old news now but the Trump Administration has terminated President Obama’s Executive Order granting deferred departure and work authorization to the so-called “Dreamers”: those children brought into the US by their parents without legal status. Before we look at what all this means, and what may happen during the six-month reprieve granted by[…]

The Good Guys Win Another One!

The Federal District Court for the Northern District of Texas has overturned the denial of an I-140 petition filed under the EB-1 Extraordinary Ability category. The Court’s reasoning also applies to the I-140s filed under the EB-1(2) Outstanding Professors and Researchers. Although the case, Eguchi v. Kelly (N.D. Tex. 3:16-CV-1286-D) involves a professional bull rider under[…]

Immigration Service Investigating I-9 Forms from Past Employers for Current Adjustment of Status Applicants

With the start of the Employer’s Sanctions program in 1985, and the requirement that all employees complete form I-9 when starting new employment, the ways of “getting around” the I-9 form’s requirements have been numerous and creative. Now it seems the most obvious ways to gain employment with false information on the I-9 will be[…]

The Myth of H-1B Workers

On the front page of the April 19, 2017 edition of the Dallas Morning News the following title appeared: Trump Takes Aim at the H-1B Visa Program for Highly Skilled Foreign Workers. President Trump did issue an Executive Order regarding the H-1 visa category. However, the H-1 is not, and never has been, a category[…]

Will President-Elect Trump Eliminate H-1B Visas?

Like most immigration issues surrounding our next president and his administration, it is difficult to accurately predict what will happen. One of the interesting things about President Trump is that he has consistently stated that he is in favor of employment based immigration although Attorney General-Elect Jeff Sessions is against the H-1 “program” and, for[…]