Attorney Blog

Important Information and Updates Concerning Immigration Law

Strategies for Combating Level 1 Wage RFEs for H-1B Petitions

Each and every argument USCIS uses in justifying its use of wage levels to determine an H-1B position's specialty occupation eligibility is propped up by flaws that, if appropriately expounded upon, may assist in obtaining a favorable adjudication.

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USCIS Now Issuing H-1B Specialty Occupation RFEs Due to Low Wage Levels

In a startling new trend, USCIS has begun issuing RFEs to H-1B petitions claiming Level 1 and 2 wage levels. What has led to this sudden occurrence, and is there any reasonable justification?

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USCIS Rescinds Deference to Prior Approvals in Deciding Visa Extensions

As of a new policy memorandum, USCIS will no longer simply defer to prior petition approvals when adjudicating subsequent requests for nonimmigrant visa extensions. This has already resulted in numerous complications, and all nonimmigrants interested in filing an extension of status should prepare themselves. 

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California: The Golden State Becomes a "Sanctuary State"

Of the emergent issues since the presidential campaign of 2016, the status of so-called sanctuary cities are among some of the most politically volatile. With the coming of 2018, California has taken the next incendiary step of becoming the country's first sanctuary state.

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Know Your Rights: Dealing with ICE

"Felons, not families," were words once used to describe America's platform confronting undocumented immigrants. Now it seems that just about anyone may be targeted. That is why, if you are a vulnerable immigrant within this nation, it is absolutely essential that you know your rights should you ever find yourself in a fateful encounter with ICE.

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The Pitfalls of Changing Status to the F-1 Student Visa

There are often cases in which a nonimmigrant in the U.S. decides that he or she wishes to attend school or enroll in an educational program and therefore change status from one nonimmigrant category to an  F-1 student visa. If the person is qualified, obtaining such a change of status should be simple enough. So why isn't it?

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Mandatory Interviews for Employment-Based AOS Applicants

USCIS is now expanding the requirement for in-person interviews to employment-based adjustment of status applications, a visa category largely untouched by such interviews before. This new burden has wide-reaching implications, and may affect the entire immigration process.

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Parole for Entrepreneurs: is the O-1 Visa the Better Option?

The International Entrepreneur Rule was long awaited by American businesses for its promised deliverance of a new route for foreign entrepreneurs to bring new innovation and stimulus to the nation, but those hopes may fall flat. In analysis of the language governing the new rule, does the O-1 visa remain the more viable option for these valuable individuals?

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USCIS to Officially Begin Accepting IER Applications

On Thursday, December 14th, United States Citizen and Immigration Services (USCIS) announced that it would begin implementing the long-awaited and industry-lauded International Entrepreneur Rule (IER). While this is a time for celebration, there is also a sense of urgency in taking advantage of this unprecedented gateway.

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Implications of the New Department of State 90-Day Rule

The Department of State has updated its Foreign Affairs Manual to provide a new guidance specifying when nonimmigrants may be accused of misrepresentation of intent, with severe consequences. Replacing the now scrapped 30/60 day rule, the new 90-day rule is mainly one of expansion.

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Judge Overturns DHS Delay of International Entrepreneur Rule

Much to the joy of the business and technological community at large, the courts have now intervened in the Department of Homeland Security's delay of the International Entrepreneur Rule, a new procedure that will allow numerous foreign entrepreneurs to introduce innovation and economic opportunity to the U.S.

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The International Entrepreneur Rule Explained

The International Entrepreneur Rule is a new and now effective rule that makes it much simpler for qualifying international entrepreneurs to personally relocate and build their businesses on American soil. For those who wish to realize their startup's full potential, now is the time to do so. 

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