Employment Authorization / Work Cards in the U.S.

21 01, 2015

Federal Court in California: Health Services Manager Should Get an H-1B Work Visa

By |2015-01-21T15:38:39-06:00January 21st, 2015|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., General, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|

Published:  January 21, 2015 No doubt about it.  In the past decade, getting an H-1B work visa filing approved has gotten harder.  These days employers and prospective employees have to rush to get their petitions and supporting documentation together each year in time for the magical April 1 filing date, and then only to have a 50% chance of even being considered given that demand for the annual allotment of visas exceeds supply by a 2 to 1 margin.  Then, if the parties are lucky enough to have their filing picked for review, everything about the petition is met with thorough […]

5 01, 2015

Be on the Look-Out for Pseudo Attorneys, “Consultants”, Thieves and Other Charlatans

By |2015-01-05T11:14:01-06:00January 5th, 2015|Categories: Amnesty for Immigrants in the U.S., Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, 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., 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, Immigration and PERM / Labor Certification, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published:  January 5, 2015 With the roll out of the new Obama Executive Action immigration initiative nearing, I share the following reflections and warnings with the goal of informing and empowering the unsuspecting prospective applicant.  These are based on 20+ years practicing exclusively in the area of immigration law and having seen numerous new immigration laws and programs implemented during this time. The primary audience for news in the realm of immigration benefits for the undocumented is scared, vulnerable and desperate.  Scared of being undocumented and its consequences.  Vulnerable to deceit and ill intentioned predators purporting to provide reliable counsel.  Desperate […]

9 12, 2014

24 State Lawsuits Later – What’s the Future of the New Obama Executive Order, and Other Important Questions?

By |2014-12-09T11:15:08-06:00December 9th, 2014|Categories: 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, Green Cards, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published:  December 9, 2014 Last month, President Obama announced his plan to implement an Executive Order aimed at benefiting millions of mostly undocumented immigrants living in the U.S.  To say the announcement caused an uproar would be a bit of an understatement.  In the weeks that have followed, 24 states have filed lawsuits seeking to block implementation of this plan, alleging the President overstepped the executive authority provided him under the U.S. Constitution, and is instead the type of initiative more properly within the province of our nation’s legislature. What will become of the challenges to this Executive Order? Will the […]

24 11, 2014

Obama’s New Executive Order: Who is covered? What benefits are available? When can you file? What are the risks?

By |2014-11-24T14:25:38-06:00November 24th, 2014|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), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, Green Cards, immigration reform, Lawful Permanent Residence 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:  November 24, 2014 President Obama’s Executive Action:   Who Benefits?  What are the Benefits?  When Are the Benefits Available? While some disagree whether it should be called an amnesty, or not, under President Obama’s recently signed executive order, various large groups of immigrants – both undocumented and documented, stand to benefit, including: Approximately 4 million undocumented individuals may now be eligible to apply for “Deferred Action” status and a 3 year Employment Authorization Document (“EAD”).  For those fighting removal proceedings, the Deferred Action status will effectively put an indefinite halt to such proceedings. To qualify for the EAD and Deferred Action […]

13 11, 2014

What’s Next for Immigration Reform?

By |2014-11-13T09:34:16-06:00November 13th, 2014|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from 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., Family-Based Immigration Law, Green Cards, immigration reform, Lawful Permanent Residence 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:  November 13, 2014 The next 45 days should be real interesting.  President Obama put off any executive action on immigration until after the mid-term elections, where we all know the Democrats took a shellacking.  Now that the mid-terms are over, President Obama has been left with no choice but to take executive action since he has no reason to believe Congress will work with him on the passage of substantive, long term legislation.  Although executive action on immigration will fall short of conferring any sort of permanent legal status for undocumented individuals, it indeed advances an agenda to find a […]

27 10, 2014

Lawsuit Alleges ICE Attorney Forged Key Document

By |2014-10-27T08:54:04-05:00October 27th, 2014|Categories: 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., General, Removal / Deportation Proceedings and Court Hearings, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published:  October 27, 2014 According to a federal lawsuit recently filed against the immigration law enforcement arm of the U.S. Department of Homeland Security – Immigration and Customs Enforcement, or “ICE,” an ICE prosecuting attorney forged a key document in an effort to defeat a then undocumented individual’s fight against deportation and to remain in the U.S.  The plaintiff, Ignacio Lanuza-Torres , a Mexican citizen and now a U.S. permanent resident, is seeking $500,000.00 in damages arising as a result of having to defend against protracted and flagrantly flawed removal proceedings over a 5 year period.  At the heart of the lawsuit […]

10 09, 2014

Obama Takes Foot Off Accelerator on Immigration

By |2014-09-10T08:24:04-05:00September 10th, 2014|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, Green Cards, immigration reform, Lawful Permanent Residence 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:  September 10, 2014 First the U.S. Senate was ready to act on immigration.  Then, the House of Representatives was not.  Then President Obama was ready to act without congressional backing, and enact measures by way of his executive powers and grant work permits to the vast majority of our undocumented population, as he did back in 2012 with “childhood arrivals.”  Then, as of last week, he was not, although the President intimated he may very well be ready to act after this November’s congressional elections. So goes our nation’s dance with our 12 million undocumented.   We love them, because […]

28 07, 2014

A Showdown on Immigration: It’s High Noon In Washington D.C

By |2014-07-28T08:45:38-05:00July 28th, 2014|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, Green Cards, immigration reform, Lawful Permanent Residence 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:  July 28, 2014 First, some important facts. Last year, the U.S. Senate passed legislation to allow for the legalization of the vast majority of our nation’s undocumented population, now estimated at around 12 million.  The House of Representatives, through its Republican leadership, refuses to hold a vote on the legislation for a variety of reasons, most notably because it would likely pass into law and give Obama a win. There is no plan to round up and deport all or any substantial portion of the 12 million undocumented.  The President has indeed enforced our immigration laws, specifically in the deportation […]

10 07, 2014

Healthcare Workers Seeking Green Cards: Make Sure Your Visa Screen Certifications and Licenses are Current!

By |2014-07-10T12:06:46-05:00July 10th, 2014|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., 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:  July 10, 2014 In recent months, the line allowing foreign nationals seeking residence in the U.S., by way of a job offer as a professional healthcare worker, has moved forward considerably.  So whether they are in the U.S. or abroad, the intending immigrant should pay careful attention to the expiration date on their Visa Screen Certification and U.S. license (if applicable to their profession), since the final approval of their I-485 application for permanent residence (if in the U.S.) or application for immigrant visa (if applying at a U.S. consular post abroad) will depend on the submission of current documentation. […]

1 06, 2014

Immigration Drama Likely To Ignite By End of Summer

By |2014-06-01T12:07:37-05:00June 1st, 2014|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., General, Green Cards, immigration reform, Lawful Permanent Residence 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:  June 1, 2014 The stars continue to line up for the eventual enactment of a program to allow our nation’s undocumented to obtain some sort of legal status.  Exactly what type of status that might be, and whether that happens in 2 months, 2 years or in 2 decades are the big questions.  In the meantime the political drama continues to unfold in Washington, where the majority of our legislators (along with the majority of the U.S. electorate) continue to favor the implementation of some form of comprehensive immigration reform or path to citizenship. The drama playing out this summer […]

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