U.S. Immigration Law and Legislation

9 10, 2020

In Home Stretch of Re-election Campaign, Trump Pumps Up the Volume on Deportations and H-1B Visa Restrictions

By |2020-11-14T12:37:48-06:00October 9th, 2020|Categories: Asylum in the United States, DHS / Immigration and Customs Enforcement (ICE), Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published October 9, 2020 By: Richard Hanus, Esq. Pecking Away At H-1B Visas:  Over the past 7 months, the Trump Administration has unleashed a deluge of measures impacting our legal immigration process, both for family based, and job based filings.   In the workplace context, it’s become significantly more complicated for employers to hire and retain foreign nationals or otherwise comply with our immigration laws.  Not only is the Administration not creating more “merit based” avenues for legal immigration as promised, it is placing unprecedented hurdles for companies and our nation to benefit from the contributions of talented and ambitious foreign national professionals.   These initiatives have [...]

26 08, 2020

With Filing Fees Skyrocketing in October, Now Might be the Perfect Time to Apply to Become a U.S. Citizen

By |2020-11-14T12:39:37-06:00August 26th, 2020|Categories: Asylum in the United States, Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Green Cards, U.S. Immigration Law and Legislation|

Published August 26, 2020 By: Richard Hanus, Esq. As of October 2, 2020, the U.S. Department of Homeland Security’s immigration benefits arm – Citizenship and Immigration Services (CIS) - is set to increase filing fees on a variety of applications.  Most notably, the filing fee to submit an N-400 Application for Naturalization, currently totaling $725.00, is scheduled to skyrocket to $1,170.00 when the new fee schedule takes effect. Other filing fee increases include petitions for most work visas, including for H-1B and L-1 visas, ranging from 21% to 75%, making it even more expensive for companies and foreign workers to avail of the [...]

30 07, 2020

Uncertainty All Around For DACA and U.S. Immigration Operations In General

By |2020-11-14T12:40:15-06:00July 30th, 2020|Categories: Amnesty for Immigrants in the U.S., Citizenship / Naturalization and the N-400 Application, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 30, 2020 By: Richard Hanus, Esq. The nonstop, unprecedented flow of immigration news continues, including with regard to the impact of the U.S. Supreme Court’s decision rejecting the Trump Administration’s attempt to terminate the Deferred Action for Childhood Arrivals (DACA) Executive Order.  For certain, since the SCOTUS ruling, the Administration has waffled about DACA’s future, first making it clear it was going back to the drawing board to rescind DACA and curing the legally deficient procedures previously employed to end the program.  Then later, the President announced he wanted to find a way to make “DACA (people) happy” with [...]

16 07, 2020

10 Years Just Happened in 3 Months – An Unprecedented Volume of Immigration Law Events

By |2020-11-14T12:40:40-06:00July 16th, 2020|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and PERM / Labor Certification, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|

Published July 16, 2020 By: Richard Hanus, Esq. In my 25+ years as an immigration lawyer, my area of practice has never been as important or relevant as it is today.  This Administration has made it this way, bringing U.S. immigration law into the spotlight as one of the bedrock issues of its campaign and presidency.   Whether it really merits this level of attention is questionable, given other more pressing problems plaguing this nation.  Loud, news attracting immigration policies are released every other day, and whether their legality is held up in court seems to be beside the point.   The policies touch on illegal immigration [...]

23 06, 2020

A Chokehold On Legal Immigration: 6 Things to Know About the Extended Immigration Ban and Where Things are Headed

By |2020-11-14T12:42:04-06:00June 23rd, 2020|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, United States Embassies Abroad|

Published June 23, 2020 By: Richard Hanus, Esq. 1. The Administration says it is looking to protect or create American jobs with the latest immigration ban and eventually seek to establish a merit based immigration system.  But a close look at the Administration's actions for the past 3+ years will reveal a methodical strategy to thwart practically every process available for individuals and companies to utilize established immigration laws.  With the latest Immigration Ban/Executive Orders and other measures implemented since this Administration took office, the U.S. has sent an unmistakable signal to the world’s most talented students, future business and scientific [...]

7 06, 2020

Update: Immigration Options for Healthcare Professionals in the Age of Covid-19

By |2020-11-14T12:43:01-06:00June 7th, 2020|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigration and PERM / Labor Certification, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, United States Embassies Abroad|

Published June 7, 2020 By: Richard Hanus, Esq. Although the April 20, 2020 Executive Order on Immigration placed significant obstacles to immigration into the U.S., important exceptions were made for healthcare workers.  Further, the U.S. Department of State had previously announced its intention to give priority and expedited visa processing for healthcare professionals seeking to enter the U.S. during the Covid-19 pandemic.  Specifically, the U.S. Department of State on March 26, 2020 issued a directive in the name of quickly increasing our nation’s capacity to better address the pandemic, encouraging eligible classes of medical professionals to reach out to the U.S. consular post processing [...]

28 05, 2020

Another Federal Court Win For Work Visa Employers and Workers; Do We Really Want to Put Out the Unwelcome Mat for Talented Foreign Students?

By |2020-11-14T12:43:26-06:00May 28th, 2020|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published May 28, 2020 By: Richard Hanus, Esq. Securing approval of an immigration petition filing to facilitate the employment of a foreign professional and issuance of an H-1B visa has only gotten harder over the years, especially under the current administration. But in response to lawsuits filed challenging the legality of  denials of H-1B petitions for workers assigned to 3rd party work locations, the federal government has agreed to settle the dispute and essentially give in to the principal claims the plaintiff petitioning employers asserted.   This outcome marks another victory in a series of recent court challenges to federal policy on work visa petitions. [...]

23 04, 2020

The New Executive Order on Immigration: 6 Essential Insights

By |2020-11-14T12:44:58-06:00April 23rd, 2020|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, United States Embassies Abroad|

Published April 22, 2020 By: Richard Hanus, Esq. 1. It was the evening of April 20, 2020 and President Trump tweeted an ominous new policy on immigration - a measure as sweeping and extreme as it gets: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!”  To “temporarily suspend immigration” is no small undertaking, and the news came as a big surprise, including for many top governmental officials working in the immigration [...]

8 02, 2020

The New Public Charge Rule

By |2020-11-14T12:48:28-06:00February 8th, 2020|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published February 8, 2020 By: Richard Hanus, Esq. With the U.S. Supreme Court’s recent green light, U.S. immigration authorities have announced it will start applying new “public charge” restrictions on February 24, 2020.  The new set of public charge rules expand the discretionary authority of agency officials to deny green card applications and allow for more factors to be considered in determining whether an applicant is likely to be become dependent on welfare benefits and thus have their application denied. The new set of restrictions were initially set to be implemented on October 15, 2019 but various lawsuits and federal court [...]

31 12, 2019

2 or More DUI Convictions Are Now a Greater Obstacle for Immigration Applicants

By |2020-05-01T13:52:10-05:00December 31st, 2019|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published December 31, 2019 In a recent ruling, the Attorney General of the United States announced a policy that will make it more difficult for foreign nationals with 2 or more driving under the influence of alcohol convictions to defend against deportation proceedings or ever become a U.S. citizen. The directive arose in the context of defining “good moral character” for purposes of undocumented foreign nationals fighting removal proceedings (also known as deportation proceedings) and seeking the relief of “cancellation of removal”. This defense, if successfully presented, serves to not only terminate removal proceedings but also lead to green card issuance. [...]

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