Department of Homeland Security Publishes Fall 2018 Regulatory Agenda

On Wednesday, October 17, 2018, the Department of Homeland Security (DHS) published its Fall 2018 regulatory agenda, which lists rules that the federal government expect to take action on in the next few months. Listed below are important proposed...

EB-5 Investor Visa Regional Center Program

Recently, attorneys from our firm have written an article giving an introduction to EB-5 Investor Visas as well as an article addressing the current and future state of the EB-5 program. This article will discuss the EB-5 Regional Center Program, which...

Will the newly announced North American trade deal affect the TN visa?

TN nonimmigrant status, created by the North American Free Trade Agreement (NAFTA), allows citizens of Canada or Mexico to enter the United States as a nonimmigrant to freely “engage in professional business activities on a temporary basis.” Examples...

Reminder for F-1 Students - “Cap-Gap” Ended September 30th

An F-1 student who is the beneficiary of a timely filed H-1B cap-subject petition requesting a change of status on October 1st can have his or her F-1 status and any current employment authorization automatically extended through September 30th. This...

Notice to Appear (NTA) Policy Memo Update

Today USCIS issued an update regarding its Notice to Appear (NTA) policy memorandum. As you may recall from our last NTA article, a Notice to Appear is an official charging document that initiates deportation proceedings against a foreign national....

Are You Extraordinary? O-1A Temporary Work Visas

O-1 visas are for those that have extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim or who has a demonstrated record of extraordinary achievement...

Navigating the H-2B Recruitment Process

Navigating the H-2B Recruitment Process For those who are new to the H-2B filing process, the most difficult part is arguably recruitment. To even get to the recruitment process for H-2B visas, one must first master the temporary labor certification,...

How to Qualify for EB-2 through the National Interest Waiver

Generally, obtaining an employment-based green card can be a long and extensive process that requires an employer’s sponsorship, labor certification, and petitions. However, there are two types of green cards that allow an employee to self-petition...

What Happens When an I-140 is Withdrawn?

When an I-140 is withdrawn, the petitioning company generally avoids any liability it would have toward that I-140 petition, particularly as it relates to ability to pay the Labor Certification wage. Thus, once a company withdraws an I-140--regardless...

TN Status for NAFTA Professionals

TN Overview If you are a citizen of Canada or Mexico, entering the United States as a TN nonimmigrant may be an option for you to work here. The TN visa is a result of the North American Free Trade Agreement (NAFTA) that is intended for citizens in...

Trump Agenda: Denaturalization Task Force

USCIS Director Francis Cissna announced that USCIS planned to hire several attorneys and immigration officers to open an office in Los Angeles, California to review cases to identify people who may have lied on their citizenship application so that...

How an Arrest Can Lead to Visa Revocation

Visa issuance and admission to the United States have always required consulates and border officials to determine that the applicant not only qualifies for the visa classification being sought (such as F-1, H-1B, L-1, O-1, etc.), but also that the...

What is a Notice to Appear (NTA)?

A Notice to Appear (NTA) is an official charging document that initiates deportation (removal) proceedings against a foreign national. An individual who is “served” with or delivered an NTA must appear before an immigration judge to face removal proceedings,...

The Current and Future State of the EB-5 Program

            Last month, Kristina Hernandez provided an overview of the EB-5 process, describing how to apply, and how to eventually obtain a Green Card.  This article will provide a more in-depth insight into what the EB-5 process looks like right...