Employment-Based Immigration Law Archives - Page 5 of 19

11 09, 2018

It is Taking Forever for My Green Card or Citizenship Application to Be Decided: What Can I Do?

By Richard Hanus|2020-05-01T16:12:21-05:00September 11th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

Published September 11, 2018 For foreign nationals in the U.S., two of the most common applications filed with Department of Homeland Security/Citizenship and Immigration Services are the I-485 Application for Adjustment of Status (to acquire lawful permanent resident/green card status) and N-400 Application for Naturalization (to acquire U.S. citizenship). Processing times for both applications these days – from day of filing to interview – ranges from 8-12 months, give or take. But what happens if your case is pending longer than that? What measures can be taken to follow up and ensure your case is being decided in a reasonable period […]

12 07, 2018

US CIS Now More Active in Placing Denied Applicants in Removal Proceedings

By Richard Hanus|2020-05-01T16:20:58-05:00July 12th, 2018|Categories: 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), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, 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 11, 2018 Under a new policy guidance memo released by U.S. Citizenship and Immigration Services (US CIS) earlier this month, the agency will now be taking a more active role in initiating removal proceedings against denied applicants. Applicants for permanent residence, naturalization, change of status or other immigration benefits now will be more vulnerable to being placed in removal proceedings if they are deemed ineligible for the benefit sought and are in the U.S. in violation of immigration laws. Pursuant to the new guidance, US CIS is required to issue a Notice to Appear (NTA) – the […]

10 04, 2018

In Just 5 Days, the H-1B Visa Cap Is Reached

By Richard Hanus|2020-05-01T16:45:52-05:00April 10th, 2018|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published April 10, 2018 For the 6th year in a row, during the first week of the filing season U.S. Citizenship and Immigration Services (CIS) received more than enough H-1B visa petitions to exhaust the coming fiscal year’s annual supply of 85,000 visas. By way of the H-1B visa program, U.S. companies have an avenue to recruit and employ foreign professionals and skilled workers in a wide variety of fields and industries, ranging from technology, healthcare, medicine, engineering and business. Combining a low U.S. unemployment rate, a limited annual supply of visas, and a highly attractive pool of prospective foreign workers, including […]

21 03, 2018

Premium Processing Suspended for H-1B Cap Filings Starting April 2, 2018

By Richard Hanus|2020-05-01T16:50:45-05:00March 21st, 2018|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published March 21, 2018 On April 2, 2018, the filing season begins for the new batch of H-1B visas that become available for fiscal year 2019 – which starts October 1, 2018. On this date, U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) anticipates receiving 250,000 or so requests for the 85,000 H-1B visas that make up the new yearly supply. In the past week though, CIS announced that the premium service allowing for expedited review of chosen filings will be suspended through September 10, 2018. Typically, news of which filings are chosen for consideration becomes public around June, […]

9 01, 2018

The H-1B Visa Rush Is On – Start Preparing Now

By Richard Hanus|2020-05-01T17:14:17-05:00January 9th, 2018|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, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Uncategorized|

Published January 9, 2018 Starting April 1, 2018, employers and their foreign worker employees will get a chance at one or more of the 85,000 H-1B visas available each fiscal year, with the new fiscal year starting on October 1, 2018. The time to start preparing is now, as the supply of available visas is usually exhausted almost immediately, and with special attention and planning needed to combat the obstacles the Trump administration’s “Buy American, Hire American” initiative presents. For an employer or a prospective foreign worker to have a chance at one of these H-1B visas, the parties must […]

15 11, 2017

Beware Immigrants: Automatic Voter Registration

By Richard Hanus|2020-05-01T17:25:53-05:00November 15th, 2017|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, General, Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published November 15, 2017 On the topic of well-intended laws and unintended consequences, one of the first things that come to my mind is the law requiring local Department of Motor Vehicle facilities to ask all driver’s license applicants if they would like to register to vote. In theory, the National Voter Registration Act of 1993, or “motor voter” is a beautiful law – where prospective voters, many of whom would otherwise not go out of their way to register, are solicited and provided a convenient avenue to register to vote and have a voice in our electoral process. However, the […]

1 11, 2017

In the Trump Era, DHS/CIS Looks For More Ways to Deny Work Visa Petitions

By Richard Hanus|2020-05-01T17:30:20-05:00November 1st, 2017|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, 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.|

Published November 1, 2017 I am often asked why and how there are so many undocumented people living in the U.S. The complete answer has many facets. One of those facets is that our immigration laws make it extraordinarily difficult for ready willing and able workers to fill jobs in need of filling, and even at market wage. Under the Trump administration, those laws have become even less user friendly for employers and workers, including in the H-1B work visa context. Pursuant to federal statute, H-1B work visas are available for foreign workers to fill U.S. jobs, where 1) the […]

3 10, 2017

New Policy: All Employment Based Green Card Applicants In The U.S. Will Be Interviewed

By Richard Hanus|2020-05-01T17:38:35-05:00October 3rd, 2017|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|

Published October 3, 2017 Foreign nationals residing in the U.S. who are applying to adjust their status to lawful permanent resident (green card via Form I-485) based on an offer of employment will now, without exception, be required to attend an interview at their local Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS) office. This is a new Trump administration policy aimed at, according to government officials, heightening the scrutiny of these types of filings, combatting fraud and to ensure only legally qualified applicants are approved. Employment based green card applicants undergoing the consular processing of their immigrant visas overseas […]

20 09, 2017

Premium Processing Continues for More Categories of H-1B Filings

By Richard Hanus|2020-05-01T17:42:22-05:00September 20th, 2017|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, General, Green Cards, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Visa Lottery and Diversity Visas to the U.S.|

Published September 20, 2017 Premium Processing Continues for More Categories of H-1B Filings In an abrupt about face earlier in the year, U.S. Department of Homeland Security/Citizenship and Immigration Services (US DHS/CIS) announced it would put a halt to the availability of the fee-based, expedited, 15 day premium processing service for all H-1B work visa petitions. Slowly but surely though, US DHS/CIS has been reinstituting availability of this service for various types of H-1B petitions, which includes this week’s announcement it would accept premium processing requests for H-1B visa petitions which are now being considered under the fiscal year 2018 […]

8 08, 2017

Who Are The Top Users of H-1B Visas?

By Richard Hanus|2020-05-01T17:49:59-05:00August 8th, 2017|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published August 8, 2017 The H-1B visa is among the most popular avenues through which U.S. companies employ foreign nationals. H-1B visa issuance depends primarily on two factors: 1) a U.S. employer offering at market wage a position in a “specialty occupation” – most often defined as a position that typically requires the worker to have attained a university degree, or equivalent, related to the position at issue and 2) the foreign national having the requisite university degree or equivalent. In recent years, U.S. employers have filed around 200,000 H-1B visa petitions with U.S. Department of Homeland Security/Citizenship and Immigration […]

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