Immigrant Health Care Workers in the U.S.

24 09, 2013

Colorado Man Found Guilty of Trafficking in Filipino Nurses

By |2013-09-24T07:39:16-05:00September 24th, 2013|Categories: Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|Tags: , , , , , , , , |

Published:  September 24, 2013 This past July, Kizzy Kalu, a naturalized U.S. citizen and resident of Colorado, was convicted by a federal jury of orchestrating and carrying out a scheme to use the H-1B work visa process to petition dozens of registered nurses for positions in the U.S. that did not exist, and for exploiting and blackmailing them with threats of deportation after their arrival.  After a 4 week trial, a federal jury issued a guilty verdict against Kalu on 89 counts of mail fraud, visa fraud, human trafficking and money laundering.  Kalu’s sentencing hearing commenced this week, and is scheduled to be completed in December.  Kalu has remained in […]

5 08, 2013

Change in Employer Ownership and Its Impact on the Immigration Process

By |2013-08-05T14:32:39-05:00August 5th, 2013|Categories: Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S.|Tags: , , , , , |

Published:  August 5, 2013 For employers and the workers they petition for immigrant, or “green card”, status, a change in employer ownership can sometimes be problematic and present circumstances requiring the parties to take proactive steps to keep the case on track.  Whether the worker is already in the U.S. and seeking to adjust status here, or they have been waiting overseas to process their immigrant visa at their nearest U.S. consular post, it is not uncommon for employers to undergo change in structure or ownership while the parties await visa availability.  This is particularly true when it comes to the long […]

14 12, 2011

To Appeal or Refile?

By |2011-12-14T11:24:53-06:00December 14th, 2011|Categories: DHS / Citizenship and Immigration Services (USCIS), General, Green Cards, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|Tags: , , |

Published: December 14, 2011 The Administrative Appeals Office (“AAO”) is a specially designated unit within the Department of Homeland Security/Citizenship and Immigration Service charged with reviewing appeals of various immigration related petitions and applications.  Sometimes the choice of filing an appeal vs. simply re-filing the same application or petition with new evidence depends on a variety of factors, including the time it takes the Administrative Appeals Office to review the original decision and issue their own assessment.  Since processing times at the AAO can be quite prohibitive, re-filing a new petition or application with the office that has already issued a denial, […]

23 11, 2011

H-1B Visa Cap Reached

By |2011-11-23T11:02:08-06:00November 23rd, 2011|Categories: Employment-Based Immigration Law, Immigrant Health Care Workers in the U.S., Immigration and PERM / Labor Certification, Non-Immigrant Visas for Temporary Workers / H-1B|Tags: , , , , , |

Published:  November 23, 2011 As of November 22, 2011, the allotment of 85,000 H-1B work visas for Fiscal Year 2012 (which includes 20,000 visas reserved for those receiving advanced degrees in the US) has been exhausted.  Thus, any H-1B petitions received by CIS after November 22, 2012 will be rejected, with all paperwork and filing fees returned to the filing party. In the meantime, petitions involving workers that are otherwise exempt from the cap will continue to be accepted, including petitions to: extend a current H-1B worker’s status in the U.S.; change the terms of employment for current H-1B workers; allow […]

23 10, 2011

UPDATE: H-1B Work Visa Availability

By |2011-10-23T13:23:00-05:00October 23rd, 2011|Categories: Employment-Based Immigration Law, Immigrant Health Care Workers in the U.S., Immigration and PERM / Labor Certification|Tags: , , |

Published:  October 23, 2011 For most government agencies, including Department of Homeland Security’s Citizenship and Immigration Services (CIS), fiscal year 2012 starts on October 1, 2011.  Starting on that date, U.S. employers are able to benefit from a new crop of foreign workers who are issued H-1B work visas.  As early as April 1, 2011, interested employers and foreign workers have had an opportunity to start the process of accessing the annual supply of 85,000 visas – with 65,000 visas in the general supply and 20,000 reserved for U.S. graduate school degree holders – with workers then becoming eligible to commence […]

26 06, 2009

Expedited Processing Back On for I-140, Immigrant Petitions for Alien Workers; Visa Availability Still an Obstacle

By |2009-06-26T18:03:19-05:00June 26th, 2009|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.|

Expedited Processing Back On for I-140, Immigrant Petitions for Alien Workers; Visa Availability Still an Obstacle Published: June 26, 2009 Expedited processing, or “Premium Processing,” allows for processing of certain immigration petitions in 15 calendar days or less with the payment of an additional filing fee of $1000. In the past, Premium Processing had been available for most types of I-140 immigrant worker petitions, but eventually Citizenship and Immigration Services (USCIS) discontinued the program for I-140’s for a variety of logistical reasons. Effective June 29, 2009, however, Premium Processing for most I-140 petitions is back on again. Who files an I-140 […]

29 04, 2009

New Filing Instructions for Residents Seeking to Renew Resident Cards

By |2009-04-29T10:46:25-05:00April 29th, 2009|Categories: Asylum in the United States, 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, Foreign Exchange Student Visas to the U.S., 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|

New Filing Instructions for Residents Seeking to Renew Resident Cards Published: April 29, 2009 US lawful permanent residents renewing their Permanent Resident Cards by way of direct mailing of Form I-90 (as opposed to online filing) should pay attention to two important changes. Firstly, I-90 applicants are now instructed to file their supporting documentation when submitting their application, as opposed to only presenting it when appearing for their post-filing biometrics appointment – as was the procedure previously in place. Second, all I-90 applications are now to be filed with the following US CIS lockbox: USCIS P.O. Box 21262 Phoenix , AZ […]

20 01, 2009

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime?

By |2009-01-20T11:40:37-06:00January 20th, 2009|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, 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., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime? Published: January 20, 2009 So, you have made the decision that being in the U.S. without legal status is better than being in your home country with all the legal status in the world. And you continue to hope that President Obama can advance his goal of comprehensive immigration reform and that your particular circumstances will be covered by some prospective legislation. While we await such legislation, are there measures the overstay / undocumented foreign national can take to “legalize” their status and obtain U.S. lawful […]

8 12, 2008

UPDATE: The Truth about Foreign Nurses and US Immigration Law

By |2008-12-08T02:00:10-06:00December 8th, 2008|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., Green Cards, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

UPDATE: The Truth about Foreign Nurses and US Immigration Law Published December 8, 2008 As of this writing there truly is no speedy and simple way to facilitate the issuance of either immigrant or temporary work visas for Registered Nurses from most foreign nations (Canada and Mexico are the only exceptions). Knowing the truth about foreign nurses and US immigration law is critical, specifically because US employers and future US RN employees are desperate to be matched up with each other There is an abundance of misinformation out there, and Employers, and especially prospective work visa holders are vulnerable to misinformation […]

24 11, 2008

An Alternative to the H-1B Visa for Canadian and Mexican Citizens: TN status now available for 3-year approval

By |2008-11-24T08:00:37-06:00November 24th, 2008|Categories: Customs and Border Patrol / Travel to and from the U.S., 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, United States Embassies Abroad|

An Alternative to the H-1B Visa for Canadian and Mexican Citizens: TN status now available for 3-year approval Published November 24, 2008 For citizens of North American countries such as Canada and Mexico, the path toward obtaining a nonimmigrant visa or permission to work in the United States is often much simpler than applying for the H-1B. Since the enactment of NAFTA (the North American Free Trade Agreement) in 1994, workers in certain employment categories have been welcomed to the U.S. along with their families in one-year increments, with the freedom in some cases to renew indefinitely. As we approach 2009 […]

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