Time to Get Ready for the H-1B Season

The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that requires at least a bachelor’s degree or its equivalent in a specific field of study as a minimum for entry into a particular occupation. Unlike most of the other temporary visas, an H-1B nonimmigrant is permitted to pursue Lawful Permanent Residence while in the U.S. in H-1B status. Many factors determine H-1B eligibility, including the position’s requirements, duties and salary, as well as the employee’s qualifications.  Read More >

Global Entry Expanded to Citizens of Panama

U.S. Customs and Border Protection (CBP) recently published a general notice announcing that it will be expanding the Global Entry program to citizens of the Republic of Panama. Read More >

DOL to Modernize Recruitment and Application Requirements for the PERM Program

Before the U.S. Department of Homeland Security (DHS) may approve certain employment-based immigrant petitions, U.S. Department of Labor (DOL) must certify that (a) there are not sufficient U.S. workers who are able, willing, qualified and available at the time of application in the place where the individual is to perform the work, and that (b) the employment of the individual will not adversely affect the wages and working conditions of similarly employed U.S. workers. This certification is accomplished through the permanent labor certification, filed and processed via the DOL’s Permanent Case Management System (PERM). Read More >

USCIS Seeks Feedback on RFE Template for Multinational Executive and Manager Category

In April 2010, U.S. Citizenship and Immigration Services (USCIS) launched its Request for Evidence (RFE) Project, an initiative to review and revise the agency’s Service Center RFE templates. Since then, USCIS has published and sought feedback on its RFE templates for several types of cases, including L-1A, extraordinary ability and other categories.   Read More >

Electronic I-9 Compliance Systems: Choosing the Right Fit

A growing trend in I-9 compliance is the use of electronic software to manage I-9 and E-Verify compliance responsibilities. This shift towards electronic solutions brings along some significant challenges due to the rigorous legal requirements, embedded in the immigration regulations, that govern the use of electronic software for the I-9 compliance process.   Read More >

Implementation Dates Delayed for REAL ID-Compliant Driver Licenses, ID Cards

The REAL ID Act prohibits federal agencies, effective May 11, 2008, from accepting a state-issued driver’s license or identification card for any official purpose unless the license or card is issued by a State that meets the requirements set forth in the Act. The READ ID Act requirements are very rigorous and include immigration-related prerequisites for driver’s license applicants to show proof of legal U.S. Citizenship, or lawful admittance into permanent or temporary residence. Read More >

Will a U.K. “Caution” Affect My U.S. Immigration Application?

A “caution” is a criminal disposition in the United Kingdom that may be issued to an offender by the police as an expeditious way of dealing with minor offenses that do not require court intervention. Historically, cautions have not been treated as convictions or as “admissions” for U.S. immigration purposes because of the lack of court involvement and deprivation of liberty or property. This treatment, however, has now changed.  Read More >

I-9 Verification Updates from AILA-DHS Liaison Meeting

On November 6, 2014, the American Immigration Lawyers Association (AILA) Verification and Documentation Liaison Committee met with USCIS Verification Division and ICE Homeland Security Investigations (HSI) in Washington, D.C.  USCIS and HSI responded to a number of questions from AILA relating to I-9 verification. Some of the highlights include:  Read More >

Administrative Changes Will Create Opportunities for Startups

As we recently reported, on November 20, 2014, the President announced a series of executive actions broadly covering immigration law. One such action relates to the implementation of a parole system for inventors, researchers and founders of start-up enterprises. Although the majority of details on this and the other executive actions are not yet available, and an application process has not yet been implemented, the information we do have shows promise for the expansion of opportunities for foreign entrepreneurs in the U.S.    Read More >

Beware of Haitian Family Reunification Parole Program Scams

In October, U.S. Citizenship & Immigration Services (USCIS) announced that it would implement the Haitian Family Reunification Parole Program (HFRPP) beginning in early 2015.  The program will help unify families and promote safe, legal and orderly migration from Haiti.  Read More >

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