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Employment Authorization / Work Cards in the U.S.

20 06, 2017

DHS Confirms DACA Still In Effect; Premium Processing for H-1B Petitions May Soon Return

By |2020-05-01T18:02:24-05:00June 20th, 2017|Categories: Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published June 20, 2017   Department of Homeland Security Confirms DACA Still in Effect In a recent memorandum to U.S. Department of Homeland Security (DHS) sub-agency heads, DHS Secretary, John Kelly confirmed that the Deferred Action for Childhood Arrivals (DACA) program is still in effect – at least for now – and that applications for initial and extended benefits will continue to be accepted and processed.    This is a significant departure from the campaign promise made by now President Trump who assured his supporters he would be eliminating the program. In general, to be eligible for DACA protection and issuance of […]

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6 06, 2017

When Will CIS Expedite Processing of your Petition or Application? AND New Vetting Procedures in Place for Visa Applicants

By |2020-05-01T18:05:12-05:00June 6th, 2017|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, 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, Uncategorized, United States Embassies Abroad|

Published June 6, 2017   These days, with processing times for various petitions and applications getting longer, it is important to be aware that U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) will entertain and grant expedite requests under a variety of circumstances.   Firstly, there are a line of employment based petitions where CIS, for an additional “premium processing” fee, will review the filing and issue a decision in as little as 7-14 days.   The additional fee is $1,225.00, and that amount is on top of base filing fee at issue.   CIS offers this option for the processing of the vast […]

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25 04, 2017

A New Look for Green Cards and Employment Authorization Documents

By |2020-05-01T18:12:05-05:00April 25th, 2017|Categories: Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Uncategorized|

Published April 25, 2017   Toward enhancing security and combatting document fraud, U.S. Department of Homeland Security will begin issuing a newly redesigned Permanent Resident Card (“Green Card”) and Employment Authorization Document (“EAD”) starting May 1, 2017.  Green Cards and EADs issued prior to the release of the new versions will continue to be honored throughout their validity period.    The new documents will feature the individual’s photos on both sides along with unique graphics, color schemes and embedded holographic images.   Green Cards will feature the image of the Statue of Liberty and a mainly green color scheme.  EADs will include […]

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15 01, 2017

U.S. Senators Introduce Legislation to Protect DACA Applicants

By |2017-01-15T10:41:58-06:00January 15th, 2017|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published January 15, 2017   4 ½ years ago President Obama implemented an executive order to allow undocumented young adults who were brought to the U.S. as children to obtain an employment authorization document or EAD.  Under the Deferred Action for Childhood Arrivals program, an approved applicant with EAD in hand is provided a legal avenue to establish their life here, starting with obtaining a legal social security number, and then driver’s license, state i.d. etc.  From there, opportunities to gain entry into college or universities open up, and of course, so do opportunities for lawful employment, and to contribute to our […]

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12 12, 2016

Post Election Immigration Update

By |2016-12-12T08:20:24-06:00December 12th, 2016|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published December 12, 2016   So far, there is no news of any substance as far as major changes in policy or law in the immigration arena.    Further, there is no news about the continued viability of President Obama’s Deferred Action for Childhood Arrivals, a program that has allowed for the issuance of employment authorization to roughly 800,000 undocumented young adults who were brought to the U.S. as children.  The good news is that the President Elect has changed his pre-election tune and advised that he will not necessarily eliminate it.  Of course, all important immigration law developments will continue to […]

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23 11, 2016

FILE BEFORE DECEMBER 23, 2016 TO AVOID IMMIGRATION FILING FEE INCREASES

By |2016-11-23T08:52:15-06:00November 23rd, 2016|Categories: 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, Family-Based Immigration Law, 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|

Published November 23, 2016   As of December 23, 2016, and for the first time in six years, a filing fee increase for certain immigration applications or petitions is set to take effect.  The operations of Citizenship and Immigration Services is almost entirely funded by the filing fees it receives to process applications for the various immigration benefits offered.   This filing fee increase has nothing to do with the recent election and the plan to implement this increase has been in the works for many months.    The chart below is the list of old and new filing fees.  Applications and […]

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20 09, 2016

Do I Need to Renew My Green Card If I Am Applying for U.S. Citizenship?

By |2016-09-20T12:50:18-05:00September 20th, 2016|Categories: Citizenship / Naturalization and the N-400 Application, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, General, Green Cards, Lawful Permanent Residence in the U.S.|

Published September 20, 2016     U.S. Citizenship and Immigration Services Headquarters recently issued a directive clarifying the circumstances under which prospective applicants for naturalization – filing Form N-400 –  must also renew their Permanent Resident cards and file Form I-90.    The directive establishes guidelines that are at odds with practices that had long been in place at local CIS offices, such as Chicago’s, since naturalization applicants with expired green cards were rarely, if ever, asked whether the Green Card renewal process had been initiated during the course of a naturalization interview/process.   The following are the two most common scenarios applicants […]

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6 09, 2016

Virginia Couple Pleads Guilty to $20 Million Immigration Fraud Scheme

By |2016-09-06T07:47:33-05:00September 6th, 2016|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, Uncategorized|

Published September 6, 2016   When clients ask me why immigration authorities make it so difficult for companies and their foreign workers to get a work visa petition approved, I tell them that they are paying for the sins of the businesses submitting other than legitimate filings.   Yes, the employment based immigration environment is littered with employers trying to pull off immigration fraud and it is through such a lens that immigration authorities approach all work visa filings, especially those submitted by small and medium sized organizations.  In a plea deal entered into last week, Raju Kosuri, 44, and Smriti Jharia, […]

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7 07, 2016

U.S. v. Texas: The Supreme Court Addresses President Obama’s Executive Order on Immigration

By |2016-07-07T15:18:30-05:00July 7th, 2016|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 7, 2016   In recent weeks, the U.S. Supreme Court announced in a one line order that it will let stand a lower court decision blocking implementation of President Obama’s most recent executive program on immigration.  In the case of U.S. v. Texas, the eight member Supreme Court (with Justice Scalia’s recent death and his seat left unfilled) in a 4-4 decision simply stated, “(t)he judgment is affirmed by an equally divided court”, upholding lower court decisions and effectively putting a nail in the coffin on President Obama’s immigration initiative known as “Deferred Action for Parents of Americans and […]

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18 05, 2016

U Visa Processing Delays Prompt Concern

By |2016-05-18T07:56:07-05:00May 18th, 2016|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published May 18,2016   This past week, a letter signed by more than 300 organizations was sent to Leon Rodriguez, the Director of U.S. Department of Homeland Security/Citizenship and Immigration Services expressing deep concern for the extensive delays facing applicants for U visa status.   Specifically, at present, it will take at least 2 years from the filing date for a U visa application to be reviewed by an immigration officer.   Further, once approved, the applicant may end up waiting additional time if the annual supply of 10,000 U visas has been exhausted for the year in question (although approved applicants who […]

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