The Department of Homeland Security ("DHS") Office of Inspector General ("OIG") has released a report on the L-1 visa program after a thorough analysis of the program, its weaknesses and opportunities for improvement. The report makes a number of recommendations to DHS on how to strengthen the L-1 visa program by making more robust review [...]
The Department of State ("DOS") has reported that they are transitioning to an online immigrant visa application as of September 3, 2013. Immigrant visa applicants who are processing their immigrant visas (green cards) through the National Visa Center (NVC)/U.S. Consulate will now need to complete the DS-260 form online (Application for Immigrant Visa and Alien [...]
In a memorandum dated August 9, 2013, USCIS has released guidance and clarifications pertaining to the options and timelines for Diversity Visa (DV) selectees who choose to process their green card from within the U.S. by filing I-485, Application to Adjust Status. The memo seeks to provide clarification to those DV selectees who choose to [...]
The U.S. State Department has just released the September 2013 Visa Bulletin which is the last Visa Bulletin for the FY2013 fiscal year. The major headline in the upcoming month’s Visa Bulletin is the continued significant forward movement in EB-2 India, the significant forward movement in EB-3 and the fact that FB-2A remains current for [...]
As we reported last month, on June 26, 2013, the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. With the end of DOMA, the immigration agencies have begun the task of implementing the Windsor decision and married LGBT couples can now access the marriage-based immigration benefits and other [...]
This FREE webinar will offer strategies and tips for preparing H-1B petitions and responding to RFEs for foreign entrepreneurs and third party placement H-1B visa holders. The panel will discuss types, options and formats of documentary evidence required to support the employer-employee relationship. This session will also provide strategies and scenarios to fulfill the H-1B [...]
Immigration related compliance is an increasing concern for U.S. employers, who are often caught between two federal agencies with opposing interests: ensuring that all workers are authorized for employment in the U.S. and protecting those who are lawfully here from discrimination. The Immigration Reform and Control Act of 1986 (“IRCA”) requires all employers to fill [...]
Our office is getting reports from clients, readers and colleagues from other firms that there is an alarming trend in recent PERM Labor Certification application denials due to an overly broad education requirement. Specifically, DOL denies PERM applications, usually after an audit, with the stated reason that the "educational requirements are too broad, and thus, [...]
The U.S. State Department has just released the August 2013 Visa Bulletin which is the eleventh Visa Bulletin for the FY2013 fiscal year. The major headline in the upcoming month’s Visa Bulletin is the significant forward movement in EB-2 India, FB-2A being current for every country and the lack of movement for EB-3. Summary of [...]
Many of our clients and readers are already aware of the June 13, 2013 "RFE blizzard" where U.S. Citizenship and Immigration Service (“USCIS”) issued thousands of identical requests for evidence (“RFE”) on pending employment-based primary and derivative Form I-485, Application to Adjust Status. Many would remember that in our article from two weeks ago, we [...]