Many of our clients and readers are already aware of the move by U.S. Citizenship and Immigration Service ("USCIS") to issue what are hundreds, or perhaps even thousands, of very similar, if not identical, requests for evidence ("RFE") on pending employment-based primary and derivative Form I-485, Application to Adjust Status. Most of the RFEs were [...]
The start of the new year is a perfect time to assess corporate compliance with U.S. immigration laws. As Immigration and Customs Enforcement (“ICE”) and the Department of Labor (“DOL”) increase their number of company audits and fines each year, it is important for employers to perform annual audits of their employment law and immigration [...]
After the recent devastation throughout the U.S. east cost caused by Hurricane Sandy, our office is receiving a number of inquiries by foreign nationals regarding relief options and alternatives in various U.S. immigration situations. USCIS has also indicated that they would provide relief in a number of situations understanding that a disaster may affect the [...]
In the past, USCIS had been somewhat flexible with student status and filing for employment optional practical training work authorization (OPT). More recently, USCIS has been closing those gaps and enforcing the eligibility requirements and filing deadlines more strictly. With this more stringent and literal implementation of the rules, it is imperative that foreign students, [...]
As of yesterday, March 21, 2011, the E-Verify Self Check system has been launched and made available to users who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia or the District of Columbia. About E-Verify Self Check E-Verify Self Check is the first online E-Verify program offered directly to workers [...]
After the recent earthquakes and tsunami in Japan, our office is receiving a number of inquiries by Japanese nationals regarding relief options and alternatives in various U.S. immigration situations. USCIS has also indicated that they would provide relief in a number of situations understanding that a disaster may affect the ability of an individual to [...]
Our office has received confirmation from AILA and from E-Verify that in certain cases, E-Verify would not verify employment authorization for an employee who is working for an employer under H-1B portability and where the employee previously held H-1B status but has since held an intervening status. For example, an employee holds H-1B status but [...]
It is not a secret that USCIS' processing times of I-765 work permit documents ("EAD") and I-131 advance parole travel documents ("AP") have increased over the past few months. Our office has experienced some of these delays and our office is increasingly approached by EAD/AP applicants who have either expiring EADs or need to travel [...]
A very common question by the holders of visas which have employment restrictions is, “Can I engage in unpaid volunteer work under my visa?” The answer is that it depends on the type of unpaid volunteer work you are seeking to perform.