Immigration News - Reddy & Neumann, P.C

Federal Court Litigation for Business Immigration Cases

Written on 15 January 2019.

At the 2018 American Immigration Lawyers Association (AILA) National Conference, a common topic of discussion was the fact that the increased issues facing business immigration from USCIS has led to a dramatic shift in where people go for business...

Verifying Lawful Presence for Your Driver’s License

Written on 11 January 2019.

There is nothing fun about going to the DMV to renew or apply for your driver’s license, especially when you get to the end of the line only to be sent home because you forgot to bring the right documentation. To avoid any delays, this article will...

Proposed Changes to the H-1B Lottery Increase Uncertainty for the 2019 Cap Season

Written on 12 December 2018.

On November 30, the Department of Homeland Security published its proposed changes to the H-1B lottery procedure, which, if implemented, will go into effect for the cap-subject H-1B applications to be filed in spring 2019. The Current System For...

K-1 Fiancé Visa

Written on 04 December 2018.

If you are a U.S. citizen wanting to bring your fiancé into the U.S. to get married, you may petition for his/her K-1 visa, also commonly known as the “fiancé visa,” by filing form I-129F, Petition For Alien Fiancé(e). This visa can be valid for up...

Federal Court Temporarily Blocks Trump Administration’s Asylum Ban

Written on 21 November 2018.

Asylum is a protection granted to certain foreign nationals already in the United States or at the border of the United States. An applicant for asylum must satisfy three basic requirements to obtain asylum: 1) the asylum applicant must establish...

New LCA Form for H-1B Workers Effective Today

Written on 19 November 2018.

Prior to filing an I-129 petition with USCIS, employers must submit a Labor Condition Application (LCA) to the Department of Labor attesting to compliance with the requirements of the H-1B, H-1B1, or E-3 program. Starting today, November 19, 2018,...

An Analysis of the P-1 Visa

Written on 15 November 2018.

When a kid from Argentina signs a contract to play in the NBA, the last thing on their mind is how they will obtain work authorization in the United States. Luckily, these individuals typically have access to attorneys who can guide them through the...

Travel FAQs: Be Prepared Before Traveling Internationally

Written on 06 November 2018.

As the holiday season approaches, many are making plans for travel over the next couple of months. For holders of nonimmigrant visas however, international travel can be risky – employment-based visa processing at consulates remains under heightened...

Trump’s Latest (Hollow?) Threat: Axing Birthright Citizenship

Written on 31 October 2018.

In an interview released Tuesday October 30, President Donald Trump said he is planning to end the practice of “birthright citizenship”—the longstanding notion that those born in the United States are citizens—by way of executive order. Until the President...

Department of Homeland Security Publishes Fall 2018 Regulatory Agenda

Written on 19 October 2018.

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...

Automatic Revalidation: Exception to Re-entering the United States with a Valid I-94 and Expired Visa

Written on 10 October 2018.

Normally when a nonimmigrant travels outside the United States with an expired visa the nonimmigrant would have to reapply and receive a new visa in order to reenter the United States. However, Automatic Revalidation provides an exception for certain...

Accruing Unlawful Presence in the U.S. Can Result in Three- and Ten-Year Bars

Written on 09 October 2018.

The three- and ten-year time bars apply when a person has been unlawfully present in the United States for a specific amount of time, departs the United States, and then are barred from seeking readmission to the United States. (I.N.A. Section 212(a)(9)(B)) Three-Year...

EB-5 Investor Visa Regional Center Program

Written on 05 October 2018.

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?

Written on 04 October 2018.

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

Written on 01 October 2018.

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

Written on 26 September 2018.

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....

H-1B Specialty Occupation—Does Your Position Qualify as a “Specialty Occupation?”

Written on 26 September 2018.

Under the Trump administration’s heightened scrutiny of nonimmigrant petitions, the number of H-1B RFEs and denials based on the issue of specialty occupation continues to increase. In order to avoid, or prepare to respond to such issue, a good understanding...

O-1 Visa Consultation Requirement & USCIS Decision to Accept Negative Consultations Letters Directly from Labor Unions

Written on 17 September 2018.

O-1 Consultation Requirement Generally As part of the O-1 petition process, the petitioner must provide a consultation from an appropriate U.S. peer group, labor union, and/or a management organization. These will usually take the form of a written...

Are You Extraordinary? O-1A Temporary Work Visas

Written on 12 September 2018.

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

Written on 10 September 2018.

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,...

USCIS is Extending and Expanding Suspension of Premium Processing for H-1B Petitions

Written on 28 August 2018.

Earlier this year, USCIS previously announced that premium processing for FY 2019 cap-subject petitions would be suspended until September 10, 2018. USCIS has accepted premium processing requests for H-1B petitions not subject to the FY 2019 cap. Today,...