Immigration News - Reddy & Neumann, P.C

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,...

A Human Resource Perspective of an Employee Changing Immigration Status

Written on 24 August 2018.

As we move closer to October 1, many employees across the United States will be changing their immigration status to H-1B. At times, this may mean that the employee will begin working for a company for a first time. However, many times, the employee...

Beware: Use of Public Benefits Could Make It Difficult to Obtain a Green Card

Written on 24 August 2018.

The Office of Management and Budget is currently reviewing a proposed rule which could greatly expand the definition of who is likely to become a “public charge.” The term “public charge” is currently defined as an individual who is likely to become...

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

Written on 06 August 2018.

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?

Written on 06 August 2018.

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

Written on 30 July 2018.

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

Written on 24 July 2018.

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

Written on 23 July 2018.

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)?

Written on 11 July 2018.

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

Written on 03 July 2018.

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...