Categories
Employment-Based Immigration Family Immigration Temporary Visas

Public Charge Litigation Update: Second Circuit Grants Full Stay of District Court Injunction

U.S. Court of Appeals Order (Sept. 11, 2020) A Sept. 11, 2020 court decision allows the U.S. Department of Homeland Security (DHS) to resume implementing the Inadmissibility on Public Charge Grounds Final Rule nationwide. The decision stays an earlier injunction that prevented DHS from enforcing the rule. Therefore, DHS has announced that it will apply…

Categories
Employment-Based Immigration Family Immigration Naturalization and Citizenship Temporary Visas

USCIS to Increase Filing Fees

U.S. Citizenship and Immigration Services (USCIS) has released a final rule that will impose significant fee increases across the legal immigration system. The average fee increase is about 20%. The changes include increases of about 80% naturalization and 100% for adjustment of status (including employment authorization and advance parole). The agency last adjusted its fees in 2016.…

Categories
COVID-19 Employment-Based Immigration Family Immigration

Trump Suspends Entry of Immigrants Who Are “Risk” to Labor Market

President Trump has published Executive Order 10014, suspending immigration, as he had previously tweeted about. Effective Date: The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET). Whose Entry Is Suspended? The order suspends the entry of any individual seeking to enter the U.S. as an immigrant who: Is outside the United…

Categories
COVID-19 Employment-Based Immigration Family Immigration

Applying for a Replacement or New Immigrant Visa

An immigrant visa is generally valid for a period of up to 6 months. You must enter the U.S. within this 6-month period.[1] Consular officers do not have the authority to extend the validity of an immigrant visa (IV). But, as explained below, it may be possible to apply for a replacement or new IV.…

Categories
Employment-Based Immigration

FAQ: Outstanding Professors and Researchers

To qualify in the outstanding professor or researcher category, you must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area.

Categories
Employment-Based Immigration Family Immigration Temporary Visas Waivers / Visa Denials

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…

Categories
Employment-Based Immigration Family Immigration Maintaining LPR Status During Stays Abroad Naturalization and Citizenship Temporary Visas Uncategorized Waivers / Visa Denials

Making a Congressional Inquiry for Help 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), if you are having problems with your case.

Categories
Employment-Based Immigration Family Immigration

China Birth Certificates: U.S. State Department Guidelines and Solutions for Difficult Cases

If you were born in Mainland China and are applying for a U.S. green card, you will need to submit a China birth certificate. That’s true regardless of whether you are filing a Form I-485, Application to Adjust Status, with USCIS or are applying for an immigrant visa at a U.S. consulate abroad.

Categories
Employment-Based Immigration Temporary Visas

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.

Categories
Employment-Based Immigration Family Immigration Uncategorized

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.

Categories
Employment-Based Immigration Family Immigration Temporary Visas

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…

Categories
Employment-Based Immigration Family Immigration Naturalization and Citizenship Temporary Visas

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.”

Categories
Employment-Based Immigration Family Immigration Temporary Visas Waivers / Visa Denials

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…

Categories
Employment-Based Immigration Family Immigration

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:

Categories
Employment-Based Immigration H-1B Visa (Specialty Occupation) L-1 Visa (Intracompany Transfer) Temporary Visas

Eight Things HR Managers Should Know about Immigration Law

Here are the top eight things HR managers should know about U.S. immigration law:

Categories
Employment-Based Immigration Family Immigration

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…

Categories
Employment-Based Immigration

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?

Categories
Employment-Based Immigration Family Immigration Temporary Visas

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…

Categories
Employment-Based Immigration

U.S.: Quick Reference to Employment-Based Immigrant Visas

This article briefly describes each employment-based permanent residence category under U.S. immigration law.

Categories
Employment-Based Immigration Family Immigration

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.