Adjustment of status is the process where a foreign national will adjust his or her status from a non-immigrant to an immigrant. It differs from obtaining an immigrant visa at a U.S. Consulate in that the entire process occurs in the U.S. Although adjustment of status is one of the most complicated areas of U.S.[…]
Beginning July 1, 2014 we are now eligible to file new H-1 visa applications at US consulates for those employees and prospective employees recently selected under this year’s H-1 lottery. This applies to those who have been out of the US throughout the H-1 petition process with CIS or those in the US who have[…]
A recent decision by an Administrative Law Judge in the Department of Justice has confirmed what the government has been warning employers about since the E-Verify program started several years ago. As background, all employers have been required to fill out an I-9 form since 1986 to verify the identity and employment status for employees[…]
For Canadian nationals entering the US in TN status, their only contact with a government official is at the port of entry since they are visa exempt. We have been able to obtain a copy of the checklist/instructions which are given to each officer at every port of entry. This is helpful since you[…]
H-1 status has several different components and documents which evidence that status. First, there is the labor condition application which is the prevailing wage determination which the employer must meet and which is approved by the Department of Labor. Second, we have the “petition” approved by Citizenship and Immigration Service (CIS) which states the dates[…]
CIS has announced that beginning May 31, 2014, Adjustment of Status (I-485) cases will not be approved unless the medical examination results are less than one year old. This is a reversion back to the policy CIS followed until 2004 when, due to backlogs in adjudicating AOS applications, the medical exam results were deemed valid[…]
The Dallas Observer has written an interesting article on one of the worst Immigration Judges in the country, who happens to be in Dallas. Immigration Judge Dietrich Sims is a former attorney with the Immigration Service who has established a widely know reputation for unprofessionalism, badgering the foreign nationals and attorneys who appear before him[…]
DOL announces “bright line” rules for travel when requesting a prevailing wage and filing a labor certification/9089. These rules are somewhat helpful but the AILA summary provided below is even more helpful in determining what impact travel will have on both the offered/prevailing wage and the job requirements stated in the labor certification application itself. Read[…]
A recent decision out of the U.S. District Court for Northern California highlights the serious financial obligations that attach when one financially sponsors another in the immigration process. To avoid confusion, it should be noted up front that this discussion focuses only on the Form I-864, Affidavit of Support. This is different than the Form[…]
Interesting facts about L-1B denials by Citizenship and Immigration Services (CIS) A recent study released by the National Foundation for American Policy notes that L-1B (specialized knowledge) denials have increased from 9% in 2003 to 34% in 2013. The study also notes that this increase occurred over ten years when there were no changes in[…]