Category: Employment-Based Immigration
New DHS Public Charge Rule
On August 14, 2019, the U.S. Department of Homeland Security (DHS) published a final rule governing the public charge grounds of inadmissibility, found at section 212(a)(4) of the Immigration and Nationality Act (INA). Unless litigation halts implementation of the rule, it will go into effect after 60 days, on October 15, 2019. Here is a…
Making a Congressional Inquiry for Help with Your Immigration Case
If you are having problems with your immigration case, a member of the U.S. Congress may be willing to inquire with a Federal immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) on your behalf.
L-1 Intracompany Transfer Visas and EB-1 Multinational Managers: A Guide for Startups and Mature Companies
This Guide provides an overview of the requirements and procedures involved in applying for an L-1 (intracompany transfer) visa, seeking admission to the U.S., and complying with the terms and conditions of the visa. This Guide also discusses the related green card category for EB-1 multinational managers.
How USCIS Calculates Processing Times for Petitions and Applications
There are backlogs in U.S. Citizenship and Immigration Services (USCIS) processing of applications and petitions. This leaves businesses and families to wonder what the processing times are. In March 2018, the agency began a pilot program to calculate processing times for some cases in a new way.
Video: Tips for Your U.S. Visa Appointment
View on YouTube: https://youtu.be/T80jKsfxruY. This video is for you if you are a client of our law firm and the time for your visa appointment at a U.S. consular post is approaching. It’s an important moment for you. It’s also important to our law firm. This video provides tips to help you get ready. The…
USCIS Filing Fees Increase
USCIS has issued a final rule increasing filing fees for most immigration applications and petitions. The new fees go into effect December 23, 2016. USCIS explains that fees are increasing “for the first time in six years, by a weighted average of 21 percent.”
Special Considerations for Visa Processing at U.S. Consular Posts in China
Since our firm’s offices are in China, we are often asked by lawyers in the U.S. to work as local counsel for U.S. visa applications at the U.S. Consulates in Beijing, Guangzhou, Shanghai, Chengdu, and Shenyang. We make it our business to know each consulate’s policies, practices, and procedures. Here are the basic tips we give…
Top 5 Reasons Immigrant Visa Applications Are Denied
According to the U.S. State Department, the top five reasons that immigrant visa applications are denied due to applicants’ failure to bring required documents include:
Eight Things HR Managers Should Know about Immigration Law
Here are the top eight things HR managers should know about U.S. immigration law:
Must an Immigrant Visa Applicant Intend to Live in the U.S. Permanently?
Clients often ask whether to qualify for an immigrant visa (i.e., a green card) they must intend to move to the U.S. permanently. Take, for example, a father who owns a business in China. Can he apply for an EB-5 investor green card so that his teenage son can accompany him to the U.S., even…
Surprise: EB-3 China Priority Dates Retrogress in August
Charles Oppenheim, Chief of the U.S. State Department’s Visa Control and Reporting Division tells the American Immigration Lawyers Associaton that in August the priority date cut-off for EB-3 China will retrogress seven years to June 1, 2004. Why the big surprise in the August Visa Bulletin?
Nonimmigrant vs. Immigrant Visa–What’s the Difference?
U.S. law provides for both immigrant and nonimmigrant visas. Immigrant visas (i.e., permanent resident status or green cards) allow for indefinite residence in the United States. Most immigrant visas are issued on the basis of family sponsorship or through employment (including investment). In contrast, nonimmigrant visas allow entry only for a limited period an only…
U.S.: Quick Reference to Employment-Based Immigrant Visas
This article briefly describes each employment-based permanent residence category under U.S. immigration law.
U.S.: New USCIS Immigrant Fee
Frankly, I’d forgotten that USCIS announced in September 2010 that there would be a new “Immigrant Visa DHS Domestic Processing Fee” of $165. (See the Federal Register). USCIS is now beginning to collect it.
Rights and Obligations of Lawful Permanent Residents
This memo summarizes the rights and obligations you have upon becoming a U.S. lawful permanent resident (LPR), also known as a “green card” holder.
Getting Notarized PRC Documents for Your U.S. Immigrant Visa Application
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USCIS Fee Increase
U.S. Citizenship and Immigration Services (USCIS) has announced it is raising fees an average of 10%, effective Nov. 23, 2010. The agency is primarily fee-based, with about 90% of its budget coming from applicants and petitioners seeking immigration benefits. The agency justifies the fee increase as a way to recover costs after fiscal year 2008…
DOS Increases Fees for Immigrant Visas & American Citizen Services
I previously reported on fee increases by the U.S. Department of State (DOS) for nonimmigrant visas effective June 4, 2010. Now, DOS has also issued an interim final rule increasing fees for immigrant visas and certain American Citizen Services, effective July 13. DOS justifies the changes by citing an independent cost of service study’s findings…
Permanent Resident Card Production Delays
USCIS has announced that applicants may experience up to an eight-week delay in the delivery of their permanent resident cards while USCIS upgrades its card production equipment. If you have recently been admitted to the U.S. as an immigrant, you will still be able to travel and seek employment in the U.S. Your immigrant visa…
Two Bites at the Apple? Filing Multiple Visa Petitions
Recently, USCIS Service Center Operations offered an opinion on whether it’s possible to file a second visa petition if the first one was denied and is currently on appeal or a motion to reopen is pending: