Employment-Based Immigration Law

28 02, 2003

INS Adjudications Delays, INS Fees and Some Scary Legislative Proposals

By |2003-02-28T14:00:36-06:00February 28th, 2003|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

INS Adjudications Delays, INS Fees and Some Scary Legislative Proposals February 28, 2003 INS Adjudication Delays As previously covered in this column, INS offices around the U.S. have implemented new security check protocols in the processing of various applications for immigration benefits, particularly lawful permanent residence and U.S. citizenship. Specifically, before an applicant is granted their immigration benefit, the INS must receive the green light from the FBI after their name is processed through the FBI’s own security filter. This protocol is in addition to the fingerprint check wherein the applicant’s prints are analyzed against a nationwide database of federal, state […]

17 10, 2002

The Misadventures of a Skokie “Immigration Consultant”

By |2002-10-17T14:00:36-05:00October 17th, 2002|Categories: Citizenship / Naturalization and the N-400 Application, Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

The Misadventures of a Skokie “Immigration Consultant” October 17, 2002 As long as there are sign-makers to manufacture signs, individuals are free to purchase their services, create a sign, and call themselves whatever they like. Whether it be a witch doctor, cat psychologist or immigration consultant, the sign purchaser tries to tell the public that he or she is selling a service or product of value, with the ultimate goal of generating as much cash flow for themselves as possible. And it is not the sign-maker’s job of ensuring that the person ordering the sign is in any way worthy of […]

11 09, 2002

INS Processing Times in Chicago and Lincoln, Nebraska

By |2002-09-11T14:00:36-05:00September 11th, 2002|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law|

INS Processing Times in Chicago and Lincoln, Nebraska September 11, 2002 UPDATE For the most recent processing times, visit CIS ( INS ) Processing Times. Nebraska Service Center, Lincoln, Nebraska Form I-129 – Petition for a Non-Immigrant Worker (which includes professionals/specialty occupation workers (H-1B visa, etc), intracompany transferees, executives or managers (L visa), treaty traders/investors (E visa), artists/performers (O, P visa), religious workers (R visas): 60 to 90 days. However, with the payment of an additional filing fee of $1,000.00, these petitions will undergo “premium processing” and adjudicated in 7 to 14 days Form I-539 – Application to Extend/Change Non-Immigrant Status […]

2 08, 2002

Significant New Benefits For Employment-Based Green Card Applicants

By |2002-08-02T14:00:36-05:00August 2nd, 2002|Categories: Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Lawful Permanent Residence in the U.S.|

Significant New Benefits For Employment-Based Green Card Applicants August 2, 2002 For qualifying applicants in the U.S. seeking U.S. lawful permanent residence (“green card”) by way of a job offer, the process has just gotten quicker. Essentially, what used to be a 3 step process, has recently been reduced to a 2 step process – where at least 3 to 6 months of processing time can be cut out, and the issuance of an Employment Authorization Document can be facilitated on a more efficient track. In a nutshell, applicants now have the option of commencing Stages 2 & 3, described below, […]

17 05, 2002

Proposed DOL Regulations Spell Major Changes for Labor Certification Process

By |2002-05-17T14:00:36-05:00May 17th, 2002|Categories: Employment-Based Immigration Law, Green Cards, Immigration and PERM / Labor Certification, U.S. Immigration Law and Legislation|

Proposed DOL Regulations Spell Major Changes for Labor Certification Process May 17, 2002 Most foreign nationals seeking U.S. permanent residence, or a “green card”, typically acquire their status by way of a petition of a U.S. relative. The second most common avenue toward permanent resident status, however, is a job offer by a U.S. employer – and the rules governing the processing of employment based immigrant filings are about to change. For most employment based immigration filings, U.S. Department of Labor (DOL) approval of a labor certification application is required. With its approval, the DOL is confirming that the employer has […]

22 03, 2002

New Section 245(i) Provision Passed by House of Representatives and Awaiting the President’s Signature

By |2002-03-22T14:00:36-06:00March 22nd, 2002|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, United States Embassies Abroad|

New Section 245(i) Provision Passed by House of Representatives and Awaiting the President’s Signature March 22, 2002 By now many have heard that the U.S. House of Representatives passed a new Section 245(i) provision and that all we are waiting for is the President’s signature. What most have not heard is the fact that the proposed provision will benefit a very limited class of illegal aliens. And whether Section 245(i) will actually be reenacted in any form whatsoever, remains to be seen. What does the new, Section 245(i) proposal provide? First of all, a history lesson. Remember, Section 245(i) is not […]

22 02, 2002

More Observations on the Effects of September 11

By |2002-02-22T14:00:36-06:00February 22nd, 2002|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, United States Embassies Abroad|

More Observations on the Effects of September 11 February 22, 2002 It is widely believed among the general public that since September 11 things must be tougher, all around, when it comes to obtaining any immigration benefit or just dealing with the U.S. Immigration & Naturalization Service. Some believe that the immigration laws have gotten much stricter, while others assume that the application and enforcement of immigration laws have tightened considerably. Both suppositions are true in some respects, however for most individuals seeking immigration benefits, whether in the U.S. or abroad, not much has changed. For individuals in the U.S. seeking […]

24 01, 2002

New Provisions Signed into Law Granting Employment Authorization to Spouses of International Executives and Entrepreneurs

By |2002-01-24T14:00:36-06:00January 24th, 2002|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

New Provisions Signed into Law Granting Employment Authorization to Spouses of International Executives and Entrepreneurs January 24, 2002 Spouses of E and L visa holders are now entitled to obtain employment authorization pursuant to a bill signed into law by President Bush on January 16, 2002. Such spouses were previously only entitled to enter the U.S. to accompany their work visa holding husband or wife but without the right to work (they would need to find their own work visa petitioning employer). With the new bill signed into law, these spouses now have an opportunity to be granted an unrestricted authorization […]

6 12, 2001

The Truth about Nurses and U.S. Immigration Law

By |2001-12-06T14:00:36-06:00December 6th, 2001|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., United States Embassies Abroad|

The Truth about Nurses and U.S. Immigration Law December 6, 2001 It is no wonder everyone and his brother wants to become a nurse recruiter. The demand for registered nurses in the U.S. is sky high and the supply is scarce, especially in the case of nursing homes seeking to fill positions. And as our population grows older, the demand in such settings for registered nurses and related health care professionals, such as physical therapists and certified nursing assistants, will only continue to increase. As far as registered nurses and U.S. immigration law is concerned, it appears that confusion continues to […]

2 11, 2001

Expediting the Labor Certification Process

By |2001-11-02T14:00:36-06:00November 2nd, 2001|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Green Cards, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S.|

Expediting the Labor Certification Process November 2, 2001 Without a U.S. family member to commence an immigration process, many individuals in the U.S., regardless of their status, must resort to an employment-based immigration filing as a vehicle toward achieving U.S. permanent residence, or “green card” status. And aside from nurses, physical therapists, religious workers, multinational corporate executives or managers, most such applicants must institute a process called “labor certification”, where a sponsoring employer must document the unavailability of U.S. workers to perform the position the foreign worker seeks to fill. In most cases, the labor certification process, if successful, will yield […]

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