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Policy

This category displays articles relating to immigration and labor compliance policies coming from Congress or any of the executive agencies tasked with defining and enforcing the U.S. immigration policies.

New USCIS Policy Creates I-140 Revocation Notice Rights to AC21 Porting Beneficiaries; Requires Proactive AC21 Porting Filing

In a November 11, 2017 Policy Memorandum, USCIS has formally adopted a recent AAO decision in Matter of V-S-G Inc. and has provided guidance on its impact on AC21 beneficiaries where the underlying I-140 immigrant petition is being revoked.   The new policy memorandum states that beneficiaries who have properly ported their green card process to [...]

By |2017-12-07T10:05:46-05:00December 7th, 2017|AOS, Articles, Employees, Employers, I-140, I-485, News, News Alert, Policy|
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USCIS Changes Deference Policy for I-129 Extensions: Raises the Bar for Approvals

In an October 23, 2017 Memorandum, U.S. Citizenship and Immigration Service ("USCIS") has issued a Policy Memorandum which eliminates the current practice of giving deference to prior approvals when adjudicating Form I-129 petition renewals where the petitioner, the beneficiary and the material facts of the petition remain unchanged.     This affects all I-129 petitions extensions, [...]

By |2017-10-24T10:19:36-04:00October 24th, 2017|Articles, Employers, H-1B, News, News Alert, Policy|
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USCIS Clarifies H-1B Master’s Cap Degree Must be Obtained While University is Accredited

The U.S. Citizenship and Immigration Service (USCIS) has issued a memorandum adopting the AAO decision in Matter of A-T-, Inc. and establishing policy guidance which will apply to and bind all USCIS adjudicators.    USCIS clarifies that [...]

By |2017-06-01T12:31:01-04:00June 1st, 2017|AAO, Articles, F-1, H-1B, News, News Alert, Policy|
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Immigrants in Trump’s America – Should I Carry My Immigration Papers With Me?

In the era of increased immigration enforcement under President Trump, our foreign national clients and readers are increasingly asking about the requirements on carrying specific immigration documents with them while they are in the U.S. – whether [...]

By |2017-05-20T21:46:58-04:00March 1st, 2017|Compliance, F-1, H-1B, ICE, News, Policy, Travel|
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Making Sense Out of the Current Congressional Immigration Proposals

Both Congress and President Donald Trump’s team have been extremely active in considering ways to revamp the current immigration framework concerning both the undocumented population and skilled immigration. In this first article from our series, we will provide a summary of [...]

By |2017-03-02T09:45:11-05:00February 28th, 2017|Immigration Reform, News, Policy|
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Executive Action on Immigration: Announcement and Analysis Live Chat and Webinar Sessions

There are a few people who are interested in immigration who are not aware of the upcoming announcement by President Obama on his plan for executive action on immigration.    At this time,  we have been receiving rumors, bits and pieces, provided off the record, by various sources in the government here in Washington, DC and [...]

By |2014-11-20T11:25:47-05:00November 20th, 2014|Articles, DACA, Immigration Reform, News, Policy|
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USCIS Clarifications on H-1B Nurse Requirements Open Door for More Approvals

In a policy memorandum dated July 11, 2014, USCIS has provided some guidance and clarifications as to the applicable standards for adjudication of H-1B petitions for nurses.   While USCIS continues to maintain the position that most nurses may not qualify for an H-1B due to the fact that a bachelor's degree is not normally requires, [...]

By |2017-05-20T21:47:18-04:00July 23rd, 2014|Articles, H-1B, News, Policy|
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USCIS Revised Policy Regarding I-693 Medical Exam Validity – Restricts Validity to One Year

This policy has been updated and superseded by November 1, 2018 policy extending the I-693 validity to two years. USCIS has announced a change in their policy regarding the validity period of a Form I-693, Report of Medical Examination and Vaccination Record, when filed in support of a Form I-485 Adjustment of Status Application.   [...]

By |2018-10-18T12:38:20-04:00June 5th, 2014|Articles, I-485, News, Policy, USCIS|
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Foreign National in the U.S.: What Documents Should I Carry With Me?

Our foreign national clients and readers often ask us about the requirements on carrying specific immigration documents with them while they are in the U.S. - whether around town or for domestic U.S. travel.     We find that this topic is not very well covered and many foreign nationals are not aware of the applicable requirements [...]

By |2017-05-20T21:47:24-04:00January 23rd, 2014|Articles, News, Policy, Travel|
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DHS OIG Report on the L-1 Visa Highlights Issues and Recommends Changes to the L-1 Visa Program

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 [...]

By |2017-05-20T21:47:30-04:00September 5th, 2013|Articles, L-1, News, Policy|
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