U.S. Immigration Law and Legislation

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7 06, 2020

Update: Immigration Options for Healthcare Professionals in the Age of Covid-19

By |2020-11-14T12:43:01-06:00June 7th, 2020|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigration and PERM / Labor Certification, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, United States Embassies Abroad|

Published June 7, 2020 By: Richard Hanus, Esq. Although the April 20, 2020 Executive Order on Immigration placed significant obstacles to immigration into the U.S., important exceptions were made for healthcare workers.  Further, the U.S. Department of State had previously announced its intention to give priority and expedited visa processing for healthcare professionals seeking to enter the U.S. during the Covid-19 pandemic.  Specifically, the U.S. Department of State on March 26, 2020 issued a directive in the name of quickly increasing our nation’s capacity to better address the pandemic, encouraging eligible classes of medical professionals to reach out to the U.S. consular post processing [...]

28 05, 2020

Another Federal Court Win For Work Visa Employers and Workers; Do We Really Want to Put Out the Unwelcome Mat for Talented Foreign Students?

By |2020-11-14T12:43:26-06:00May 28th, 2020|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., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published May 28, 2020 By: Richard Hanus, Esq. Securing approval of an immigration petition filing to facilitate the employment of a foreign professional and issuance of an H-1B visa has only gotten harder over the years, especially under the current administration. But in response to lawsuits filed challenging the legality of  denials of H-1B petitions for workers assigned to 3rd party work locations, the federal government has agreed to settle the dispute and essentially give in to the principal claims the plaintiff petitioning employers asserted.   This outcome marks another victory in a series of recent court challenges to federal policy on work visa petitions. [...]

23 04, 2020

The New Executive Order on Immigration: 6 Essential Insights

By |2020-11-14T12:44:58-06:00April 23rd, 2020|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), 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., 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, United States Embassies Abroad|

Published April 22, 2020 By: Richard Hanus, Esq. 1. It was the evening of April 20, 2020 and President Trump tweeted an ominous new policy on immigration - a measure as sweeping and extreme as it gets: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!”  To “temporarily suspend immigration” is no small undertaking, and the news came as a big surprise, including for many top governmental officials working in the immigration [...]

8 02, 2020

The New Public Charge Rule

By |2020-11-14T12:48:28-06:00February 8th, 2020|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, 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|

Published February 8, 2020 By: Richard Hanus, Esq. With the U.S. Supreme Court’s recent green light, U.S. immigration authorities have announced it will start applying new “public charge” restrictions on February 24, 2020.  The new set of public charge rules expand the discretionary authority of agency officials to deny green card applications and allow for more factors to be considered in determining whether an applicant is likely to be become dependent on welfare benefits and thus have their application denied. The new set of restrictions were initially set to be implemented on October 15, 2019 but various lawsuits and federal court [...]

31 12, 2019

2 or More DUI Convictions Are Now a Greater Obstacle for Immigration Applicants

By |2020-05-01T13:52:10-05:00December 31st, 2019|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published December 31, 2019 In a recent ruling, the Attorney General of the United States announced a policy that will make it more difficult for foreign nationals with 2 or more driving under the influence of alcohol convictions to defend against deportation proceedings or ever become a U.S. citizen. The directive arose in the context of defining “good moral character” for purposes of undocumented foreign nationals fighting removal proceedings (also known as deportation proceedings) and seeking the relief of “cancellation of removal”. This defense, if successfully presented, serves to not only terminate removal proceedings but also lead to green card issuance. [...]

14 11, 2019

DACA Argued Before The U.S. Supreme Court

By |2020-05-01T14:01:47-05:00November 14th, 2019|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., immigration reform, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published November 14, 2019 In 2012, President Obama issued an executive order allowing undocumented foreign nationals who arrived in the U.S. under the age of 16 to be shielded from deportation and issued an employment authorization document.  Eligibility for coverage under the Executive Order – Deferred Action for Childhood Arrivals (DACA) depended on a number of factors, including whether the applicant had a serious criminal background and was physically present in the U.S. for the requisite period. DACA has been a huge success, allowing some 700,000 undocumented young immigrants to come out of the shadows, attend universities, assume jobs and otherwise [...]

22 09, 2019

Deferred Action Comes to an End

By |2020-05-01T14:15:33-05:00September 22nd, 2019|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, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published September 22, 2019 In an abrupt, yet not surprising policy decision, the U.S. Department of Homeland Security announced it is putting a halt to a Deferred Action program that has been a part of the immigration law and prosecutorial discretion landscape for more than 4 decades.  The political reasons for this announcement are obvious, but there exists no real practical reason for the program’s termination since it’s been employed so sparingly during its life. What is Deferred Action?   It is a formal statement by the Executive Branch of our government via U.S. Citizenship and Immigration Services that it will not [...]

31 08, 2019

The New, Sharper Teeth of Existing Public Charge Provisions

By |2020-05-01T14:18:49-05:00August 31st, 2019|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|

Published August 31, 2019 Concerns about new immigrants becoming a “public charge” and dependent on U.S. government resources, have pretty much always been a part of our immigration related legal landscape.  Form I-864 Affidavit of Support – a document required for the final stages of nearly all family based immigration filings - is the most well known representation of this concern.  Typically U.S. based petitioning family members are required to personally guarantee that their incoming immigrant family member will not become dependent on government aid.  Notwithstanding the extent to which immigrants becoming burdens on U.S. society is an actual problem, the [...]

11 08, 2019

H-1B Visas Make News in the Courts

By |2020-05-01T14:22:38-05:00August 11th, 2019|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, Foreign Exchange Student Visas to the U.S., Immigration and Criminal Law / Detainees, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published August 24, 2019 D.C. Federal Court Reverses H-1B Visa Petition Denial In the past week, a federal judge in Washington D.C. ruled that the U.S. Department of Homeland Security/Citizenship and Immigration Services (US CIS) must reverse its decision denying an H-1B visa petition filed on behalf of a data analyst by Lexis Nexis, a legal publishing company.  The court concluded that the petitioning employer, Lexis Nexis USA, presented sufficient evidence to demonstrate that the position qualified as a “specialty occupation” and thus was approvable for classification for H-1B visa status. U.S. District Judge Emmet G. Sullivan ruled that US CIS [...]

25 07, 2019

Expedited Deportation for Undocumented Recent Arrivals

By |2020-05-01T14:26:47-05:00July 25th, 2019|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 24, 2019 The number of foreign nationals living in the U.S. in violation of our immigration laws is estimated to be in the area of 12 million. Whether they overstayed their visa status or entered without any visa or inspection at all, these are the individuals our society deems “undocumented”, or in some circles, “illegal aliens”.  No matter the label, the vast majority of these individuals have a right to a hearing before a judge where a variety of defenses can be considered, including cancellation of removal (for longtime undocumented residents with qualifying U.S. family) and asylum. Among the [...]

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