Immigration Filing Fees will Increase on December 23, 2016

October 26, 2016
blog The Department of Homeland Security announced that the immigration filing fees will increase effective December 23, 2016. The last time immigration filing fees were increased was in 2010. The new rule increases the fees at an average rate of 21%. With the new fee schedule application for naturalization...

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Asylum Application

October 25, 2016
blog For those who fear or encounter persecution based on their race, religion, nationality, membership in a particular social group, or political opinion in their countries may apply for asylum in the U.S. There are two types of asylum applications. Applicants may seek Affirmative Asylum before the U.S....

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L-1B Petitions

October 06, 2016
blog L-1B visa classification enables intracompany transfers of employees who possess “Specialized Knowledge”. The specialized knowledge must relate to ‘proprietary” information and that such knowledge cannot be otherwise available in the U.S. labor market. The petitioning entity would suffer economic inconvenience...

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Attending Public School on a Tourist Visa

October 06, 2016
blog When applicants seek lawful admission into the U.S. with a non-immigrant status, they are required to prove that they do not have any conditions of inadmissibility, including economic grounds such as becoming a public charge. Public schools in the U.S. are funded by public funds, students in these schools...

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Foreign Nationals can obtain a driver’s license in New York State

October 06, 2016
blog As long as the visa holder has a valid foreign license, non-immigrants who are temporarily in the state are able to use their foreign license to legally drive. If visa holders wish to obtain a NYS driver’s license, the Department of Motor Vehicles only requires that in addition to the normal requirements,...

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The Department of Homeland Security is testing the “Known Employer Program”

October 06, 2016
blog The Department of Homeland Security (“DHS”) announced on March 3rd, 2016 that it will be testing the “Known Employer Pilot” program that could potentially reduce the amount of paperwork and processing time of applications for certain visa classifications. USCIS will take up to nine preselected employers...

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Updated PERM Statistics for the first two Quarters of 2016

October 06, 2016
blog In the first two quarters of 2016, the Department of Labor (“DOL”) processed 56,105 Employer Applications for Permanent Employment Certification, denied 2,961, and 2,490 were withdrawn. Compared to the first two quarters of 2015, there was a 35% increase in applications processed, 31% increase in applications...

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Traveling with the Green Card: Tips for those who Spend Extended Periods of Time out of U.S.

October 06, 2016
blog A Green Card holder must never abandon the intention to reside permanently in the United States. This is not so easy for people who need to settle matters (school, job, selling property, etc…) in their own country before being able to permanently move to the U.S. In order to keep the Green Card while...

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E-1 and E-2 Visa Processing Updates for the U.S. Consulate in Istanbul as of July 20, 2016

July 20, 2016
blog As of 7/20/2016, E-1 and E-2 applicants will have to wait approximately three to four weeks to be granted an interview with the consulate in Istanbul. The U.S. consulate has been remarkable in reviewing and adjudicating E visa petitions.   Remzi Guvenc Kulen Esq. Kulen Law Firm, P.C.

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Statistics say improving economy correlates with H-1B approvals

July 20, 2016
blog Over the past 9 years, approval rates for H-1B petitions have been correlated with the Gross Domestic Product % growth (“GDP”), and inversely correlated to unemployment rates in the United States. The demand for migrant workers increased in 2011 after the economy began to recover. This year, the Congressional...

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Nebraska Service Centers starts accepting some H-1B extension applications

July 20, 2016
blog Beginning July 1st, the Nebraska Service Center (“NSC”) will begin accepting form I-129 for H-1B visas if the petitioner requests a “continuation of previously approved employment without change with the same employer.” NSC will also accept concurrently filed form I-539 applications to “extend/change...

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STEM OPT is extended to 24 months

July 20, 2016
blog The Department of Homeland Security published a final rule to replace the 17-month STEM OPT extensions. Beginning on March 11th, 2016 students holding an F-1 visa that complete a science, technology, engineering, or mathematics degree program are able to apply for a 24 month extension of their post-completion...

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AILA sues USCIS for transparency in the H-1B quota selection process

July 20, 2016
blog On May 20th, 2016 the American Immigration Lawyers Association (“AILA”) filed a claim against the United States Citizenship and Immigration Services (“USCIS”) requesting the production of records that explain the application selection process for the H-1B quota applications. These include the intake...

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The Supreme Court overturns Obama’s proposed DACA and DAPA programs.

July 20, 2016
blog In February the state of Texas brought suit against the Obama administration to prevent the implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) and the expansion of Deferred Action for Childhood Arrivals (“DACA+”). The court granted the injunction for...

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Reentry Permit for Green Card holders who need to be away from the U.S.

February 15, 2016
blog We are currently advising our clients to apply for a reentry permit if they spend extended periods of time outside of the U.S., even if their stay outside of the U.S. will not exceed one year. Green Card is used to re-enter the U.S. as an un-relinquished, lawful permanent resident after temporary absence...

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PERM Processing Reform

February 15, 2016
blog Department of Labor is currently considering a fundamental reform on PERM labor certification process. PERM Process has not been reviewed since its inception in 2005. With the improvements, the DOL aims to keep up with the changes in the demand of workforce which mostly consists of Information Technology...

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PERM Statistics for Fiscal Year 2015

February 15, 2016
blog According to the statistics announced by Department of Labor, DOL received 87,644 foreign labor certifications in 2015. DOL certified 78,938 applications, denied 5,851, and 4,362 petitions were withdrawn. According to the statistics, top 5 occupations for which labor certification is sought are computer...

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I-140 & I-485 Processing Updates

February 15, 2016
blog Due to processing delays in I-140 and I-485 applications, USCIS rebalanced the workload distribution of certain Form I-140 petitions and employment-based Form I-485 applications between the Texas Service Center and the Nebraska Service Center. Many cases were transferred from the Texas Service Center...

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Visa Bulletin Changes will Allow Obtaining the Work and Travel Authorizations Sooner

February 15, 2016
blog October 2015 Visa Bulletin announced that there will now be two charts for employment based and family based categories. Under the dual system, the first chart will reflect early filing dates for I-485 adjustment of status applications while the second chart will reflect final action dates for these...

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Am I Eligible for Asylum in the U.S.?

February 15, 2016
blog If you have suffered or have the fear that you will suffer persecution due to race, religion, nationality, membership in a particular social group, or political opinion, you may file for asylum in the U.S. Applications for Asylum need to be done within a year of arriving in the U.S. Since applications...

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EB-5 Investor Program Extension

February 15, 2016
blog On December 15, 2015, Congress passed the omnibus spending bill extending the EB-5 program. The EB-5 provisions in the legislation will allow the program to continue through September 30, 2016. While this will ensure that the program will continue without a disruption, Congress did not at this time reauthorize...

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E-1 and E-2 Visa Processing Update for Istanbul

February 15, 2016
blog U.S. Consulate in Istanbul recently changed its appointment scheduling system for E-1 and E-2 visa applications. As of October 5, 2015 the U.S. Consulate will not schedule appointments immediately after they receive the application package. They will review the case and make sure that all required documents...

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H-1B Quota Season is Around the Corner!!!

February 10, 2016
blog USCIS will start accepting H-1B applications on April 1, 2016. In the last fiscal year, USCIS received 233,000 applications (compared to previous year’s 172,000 applications) and had to conduct a lottery to determine the 85,000 applications which made it to the quota. It is expected that there will be...

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Important Information for Some DACA Recipients Who Received Three-Year Work Authorization

September 21, 2015
On August 3, 2015, USCIS announced that if you are a DACA (Deferred Action for Childhood Arrivals) recipient who received a three-year Employment Authorization Document (EAD) after February 16, 2015, it was likely mistakenly issued and must be returned.  Approximately 2,100 DACA recipients were issued...

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H-1B Amendments Regarding Worksite Location Changes

September 21, 2015
blog USCIS always required filing a new Labor Certification Application (LCA) and an amended H-1B petition for any material changes with respect to the initial H-1B petition. On July 21, 2015, USCIS issued guidance on H-1B worksite location changes, and expanded the definition of ‘material change’ to include...

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Decision on STEM OPT EAD Extensions

September 21, 2015
blog A recent United States district court decision held that a 2008 DHS interim final rule extending the period of post-graduation OPT (optional practical training) by 17 months for STEM (Science, Technology, Engineering and Math) students on F-1 visas was invalid, because DHS publicized the rule without...

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Visa Bulletin Changes will Allow Early Green Card Filings

September 21, 2015
blog USCIS and US Department of State have recently agreed to revise the visa availability charts in the monthly Visa Bulletin, which would allow early filing of green card applications for thousands of applicants. Before the recent changes, the Visa Bulletin only had a single chart of cut-off dates, which...

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DV Lottery Applications Start on October 1st

September 21, 2015
blog Diversity Immigrant Visa (“DV lottery”) more commonly known as the “green card lottery” is a program aimed toward nationals of countries that have low immigration rates to the US. Every year, US gives 50,000 green cards. Qualifying applicants must have at least high school diploma or two year work experience...

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Tax Liabilities of Green Card Holders and U.S. Citizens Living Abroad

August 06, 2015
blog August 5, 2015   U.S. taxes its citizens and permanent residents on their worldwide income. In general every U.S. citizen and permanent resident must file a tax return by April 15 of each year regardless of where they live. So the thought that you are only responsible for U.S. tax filing and reporting...

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New H-1B Filing Required if the H-1B employee’s Worksite Has Changed

June 09, 2015
blog Administrative Appeals Office (AAO) found that a new H-1B filing is required when the employee will work at a different location than the one specified in the original H-1B filing. This means that the mere filing of a new LCA will not be sufficient for worksite changes. AAO indicated that there was a...

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Sudden Progress in EB-3 Category

June 09, 2015
blog There was a sudden progress in EB-3 immigrant visa Category reserved for skilled workers, professionals and other workers in the last few months. Priority date in the EB-3 category was June 1, 2013 in January 2015 visa bulletin and it moved to February 15, 2015 in the June 2015 visa bulletin. This means...

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Employment Authorization for Certain H-4 Spouses

June 09, 2015
blog USCIS extended eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants. In order to be eligible for H-4 work authorization, the H-1B nonimmigrant spouse must be in the process of seeking employment-based lawful permanent resident (green card) status.    Eligible...

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Record Filing during H-1B Cap Season

June 09, 2015
blog USCIS noted that it received nearly 233,000 H-1B petitions during the FY2016 filing period, which is a new record. USCIS used a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the cap of 65,000 visas for the general category and 20,000 for the U.S....

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Recent Developments on Obama’s Executive Action (DACA and DAPA)

February 06, 2015
blog USCIS will begin accepting requests for expanded DACA on February 18, 2015. There is no new development on DAPA applications. USCIS is expected to receive applications for DAPA in mid-late May. Expanded DACA includes people who entered the United States before the age of 16 and lived in the United States...

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H-1B Quota Season is Around the Corner!!!

February 06, 2015
blog USCIS will start accepting H-1B applications on April 1, 2015. In the last fiscal year, USCIS received 172,000 applications and had to conduct a lottery to determine the 85,000 applications which made it to the quota. It is expected that there will be more applications than the available quota numbers...

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Form I-94 Automation Problems

February 06, 2015
blog Some traveling clients have come across problems with the online I-94 system. They have found arrival/departure dates to be incorrect or missing. Inaccurate information causes confusion for the client, attorney, and immigration officials ad may affect duration of stay in the U.S. We advise our clients...

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Recent Supreme Court Decision is Bad News for Derivative Children of Immigrants

February 06, 2015
blog In July 2014, The Supreme Court announced a decision involving green card petitions for derivative children of immigrant relatives. Until the decision is made, a United States Citizen could petition for his/her relatives and their children and once the relatives obtained their green cards, the children...

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Update - Validity of Medical Exams

February 06, 2015
blog USCIS announced a memorandum about the validity dates of health examination reports. Medical Examinations submitted with adjustment of status applications are valid for 1 year. If the medical report is not included in the initial file, USCIS will send request it with an RFE or direct the applicant to...

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Ebola Outbreak Immigration Humanitarian Relief

February 06, 2015
blog On August 15, 2014, USCIS made an announcement stating that relief measures will be offered to nationals of Guinea, Liberia and Sierra Leone currently living in the United States. Due to the Ebola outbreak back in their home countries, USCIS is granting ease for their immigration matters. One of the...

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E-2 Visa Update for the U.S. Consulate in Istanbul

November 20, 2014
blog The U.S. Embassy in Ankara ceased adjudicating E-2 visa applications this summer. The U.S. Consulate in Istanbul is now adjudicating all E-2 visa applications. So far it has been a great experience dealing with the U.S. Consulate’s E-2 Visa Unit in Istanbul. The E-2 unit is very responsive and quick...

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NVC Hopes to Fix Delays by not Requiring Original Documents

November 20, 2014
blog The recent announcement from NVC that they would not be requiring any original documents starting November 12, 2014 is a relief and we hope that delays caused by NVC’s case processing system will be fixed soon. During this year, applicants and attorneys have been noticing issues in the NVC case processing...

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Huge Demand for DV Lottery 2016

November 20, 2014
blog This year’s DV-2016 entrees resulted in more than 11 million applicants. That makes an 11% increase compared to last year’s applicants. From such a high number, Immigration will only chose 50,000 lucky applicants for permanent residency. If you are not chosen this year, try your luck next year. DV-2017...

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Don’t Forget to Renew Your DACA Status

November 20, 2014
blog Pursuant to DACA, children who came to the United States as children and met certain strict guidelines are eligible for work authorization and travel permit and they would not be deported as long as the DACA approval is valid. DACA status must be renewed every 2 years. The first DACA renewals are currently...

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Obama’s Executive Actions on Immigration will Effect 5 million Immigrants

November 20, 2014
blog President Obama gave a historical speech last night reminding American people about the priorities of the American nation. My favorite quote from his speech was: “We need reasoned, thoughtful, compassionate debate that focuses on our hopes, not our fears” President Obama reminded us of the qualities...

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Preserving Green Card during Extended Periods of Stay out of U.S.

February 20, 2014
blog Nowadays it is very common to see green card holders (Lawful Permanent Residents or LPRs) being questioned by CBP (Customs and Border Protection) officers at the airports for longer than usual trips out of U.S. Green card status is granted to persons who would like to live in the US permanently. If an...

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H-1B Quota Opens on April 1st May Be Filled Out Within Days

February 20, 2014
blog USCIS will start to accept the H-1B applications for 2015 H-1B quota on April 1, 2014. In the last fiscal year, the quota numbers were exhausted within the first five business days. This year a greater demand for H-1Bs is anticipated, and we expect that the quota will be exhausted in the first five business...

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New Initiative to Promote Investment in the United States: SelectUSA

December 17, 2013
The SelectUSA 2013 Investment Summit is a first-of-its-kind, national-level engagement intended to connect businesses and investors from around the world with the U.S. economic development organizations at the state, regional, and local levels. The SelectUSA 2013 Investment Summit was hosted by the U.S....

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Application for DV Lottery is ending in a Few Days!!!

October 30, 2013
Diversity Visa Program (DV Lottery) is an annually conducted Green Card lottery that provides 55,000 Green Cards without employer or family sponsorship. Every year, the lottery is conducted automatically via computer based system. Please bear in mind that no entries will be accepted after noon EDT on...

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Updates on Government Shutdown

October 30, 2013
The government shutdown is over and the government agencies are resuming their normal operations. Some agencies are better than others in recovery. Here is an update on the agencies whose actions affect immigration matters; USCIS: USCIS was not affected with the government shutdown since they work with...

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Processing Times for Family Based Petitions are Taking Much Longer than Usual

October 29, 2013
We have announced in our previous newsletter that the immigrant visa petitions filed for immediate family members (such as a US citizen’s petition for his/her spouse, father, mother or sibling) have been taking longer time to process than usual. USCIS received so many family based immigrant visa applications...

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Small Company Functional Manager is Qualified for an L-1A Visa Considering the Needs of the International Organization as a Whole

September 25, 2013
The L-1A International company Transferee visa could be obtained by individuals who were employed for a minimum of one year during the past three years in a managerial or executive position in a foreign entity. These individuals are to be transferred to the U.S. branch, parent / subsidiary or affiliated...

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Rapid Movement in the Visa Availability for Professional and Skilled Workers

August 28, 2013
Pursuant to the September Visa Bulletin, the visa numbers for the EB-3 Category (Professional, Skilled and Other Workers) moved to July 1, 2010. Previous month’s cut-off date was January 1, 2009. This marks an 18 month advance in this category within only one month. Actually numbers for the EB-3 category...

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Importance of Verifying Personal Information on Automated Form I-94

August 28, 2013
U.S. Customs and Border Protection automated the Form I-94 Arrival-Departure Record on April 30, 2013. Travelers no longer receive a hard copy I-94 Form from the CBP officer when entering the US. This requires extra diligence on travelers’ part since they need to make sure that all of the information...

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Protecting Your Trademark is as Important as Maintaining Good a Relationship with Your Clients

August 28, 2013
A trademark represents not only the company it is associated with, but also the capital and good will invested in that company’s products or services. Your logo or trademark may not be valuable yet but may cost a lot of money in the future. If you have not taken the necessary measures to protect it early...

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Visa Number Availability for Spouses of Green Card Holders may Only Last Until September 30!

August 28, 2013
Spouses of green card holders can continue to apply for adjustment of status application together with the immigrant visa application during the month of September. F2A category (which is reserved for spouses and minor children of green card holders) was “Current” during the month of August. Pursuant...

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Immigration Reform Debate Updates from the House - August

August 27, 2013
It has been more than 3 months since the Senate passed the reform act which will legalize undocumented immigrants but the House still does not seem to have a clear path of how to deal with this issue. According to some House Republicans, they need to address border security first and an e-verify program...

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DV Lottery for the year of 2015

August 01, 2013
Diversity Visa Program (DV Lottery) is an annually conducted Green Card lottery that provides 55,000 Green Cards without employer or family sponsorship. Every year, the lottery is conducted automatically via computer based system.    For 2015 DV Lottery applications, the E-DV system will be open for...

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DACA Advance Paroles are Authorized Only for the Duration Necessary to Accomplish the Qualifying Travel Purpose

August 01, 2013
DACA applicants, children who came to US before August 15, 2012 and stayed in the US illegally, can obtain employment authorization in two year increments. Another benefit of DACA is that an applicant may seek permission – through a process known as “advance parole” – to travel abroad temporarily for...

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U.S. Consulate in Istanbul Offers Expedited Visa Appointments for Business Travellers

July 31, 2013
U.S. Consulate in Istanbul initiated the Business Visa Program (BVP), which allows expedited visa appointments for business travelers. The business travelers have the first priority to make visa appointments if they have to travel unexpectedly and their trip could not have been predicted. Applicants...

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A Rare and Great Opportunity for Spouses of Green Card Holders

July 31, 2013
According to August Visa Bulletin, F2A category (which is reserved for spouses and minor children of green card holders) will be “Current” during the month of August. It was stated that visa numbers for F2A category would continue to be “Current” for a few months. This practically means that the spouse...

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A Huge Step Towards Passing the Senate Reform Bill

June 24, 2013
Last week Senators agreed on an amendment about border security measures with the goal of attracting more votes, especially from lawmakers who are reluctant to support any immigration legislation that does include significant enforcement measures at the southern border. This compromise is a huge step...

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Avoiding Shell Companies with Good Websites but No Employees

June 23, 2013
Establishing or closing a corporation in the US involves a lot less formality compared to other civilized nations in the world. This brings a natural threat: there are so many companies that are easily established and closed within a limited time span for the sole purpose of deceiving potential business...

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Reporting the Change of Address to USCIS

June 20, 2013
Foreign nationals or green card holders often move to a new address for different reasons; accepting a new job, going to school at a new city, getting married, etc... Visa and green card holders must notify USCIS about the change of address within 10 days. This is done by filing the Form AR-11. This...

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Preventive Lawyering

May 30, 2013
The attitude of doing business without a lawyer is generally the same: "We do not need a lawyer for this" or "We will call a lawyer when we have a legal dispute." However, consulting with your attorney before a legal dispute arises is similar to going to a doctor for check-up. You really don’t have to...

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New Immigration Reform Updates

May 30, 2013
The Senate Judiciary Committee approved the new immigration reform proposal that was put together by a bi-partisan group of Senators, namely the Gang of 8. The legislation survived the entire markup process with most of its major provisions in place as the 4 Senators representing the Gang of 8 on the...

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Revised Form I-9

May 30, 2013
USCIS published a notice announcing the recently revised Form I-9, Employment Eligibility Verification Form.  Form I-9 is used by an employer to verify an employee's identity and to establish that the worker is eligible to accept employment in the United States, and needs to be filled out by both employer...

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Immigration Visa Fees to be Paid by ELIS

May 30, 2013
USCIS recently started to require an Immigrant Visa fee (IV Fee) of $165 for those who apply for immigrant visas abroad to come to the US permanently in the following categories: Immediate Relative Petition, Employment Based Applications, Self Petitioners, and DV Selectees. After the interview at the...

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Will the Future of H-1B Quotas Determined by Lottery?

May 30, 2013
H-1B quota opens on April 1st of every year and has a five business day minimum application submission time. H-1B quota consists of 65,000 regular and 20,000 U.S. Master Degree visas. This year the total applications in the first five days were approximately 124,000, thus USCIS had to use a computerized...

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International Travel on a Work Visa

May 30, 2013
With the busy summer travel approaching, some travellers on U.S. work visas have a fear of visiting their home country if the travel involves a visa application at the US consulate abroad. In fact some people postpone their travel until they receive their green cards just to avoid a visit to the U.S....

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I-94 Automation

April 24, 2013
Form I-94 is the form that is issued to a traveler while entering the US. This form is filled out by the traveler and entry date and visa classification is stamped by the CBP officer when entering the US. This small white card is attached to the traveler’s passport, and taken by the officer when the...

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I-94 Automation

April 19, 2013
Starting from April 30, 2013, U.S. Customs and Border Protection has automated Form I-94. Travelers will no longer receive the paper Form I-94 upon arrival except in limited circumstances.

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New Immigration Reform Proposal

April 19, 2013
A bi-partisan group of Senators, the Gang of 8, have put together a framework for the immigration reform that America is waiting for. The Gang of 8 senators submitted the immigration reform bill that includes a pathway to citizenship as well as providing new opportunities for legal immigrants to obtain...

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Deferred Action for Childhood Arrivals:

April 15, 2013
USCIS started accepting Deferred Action applications for illegal childhood arrivals. One has to meet strict criteria to qualify, including entering the U.S. under the age of 16. Please contact us for details.

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Documents Required for H-1B Visa Applications

February 26, 2013
H-1B quotas will open on April 1st for all first time applicants. We are estimating a very short lifespan for the quota this year (Last year the quota exhausted in 9 weeks. This year it may exhaust within weeks or days of April 1st.) In this article, we want to discuss the minimum required documents...

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DACA Update

February 26, 2013
President Barack Obama signed an executive order creating the DREAM Act alternative on June 15, 2012 and so far the government has received close to 400,000 requests. Under the administration plan, illegal immigrants will be immune from deportation if they meet the following conditions;   They came...

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Much Anticipated New Rule: Provisional Unlawful Presence Waiver

January 18, 2013
Department of Homeland Security (DHS) recently announced the much anticipated provisional unlawful presence waiver rule, which will reduce the time U.S. citizens are separated from their qualified immediate relatives, who are in the process of getting their green cards. The final rule establishes a process...

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The Authorization to Stay and Work in the U.S. for Young Illegal Immigrants

May 15, 2012
President Barack Obama announced plans to stop deporting younger undocumented immigrants who came to the United States as children. Under the administration plan, illegal immigrants will be immune from deportation if they meet the following conditions; They came to U.S. before they turned 16; They...

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Recent Developments on Perm Processing

January 31, 2012
blog Nowadays, there are various developments concerning the employment based green card applications. We will touch on these briefly. Determining the job description is the preliminary stage of the PERM application. Once the job description is final, it is submitted to the Department of Labor for prevailing...

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Applications for the H-1B quota will start on April 1st

March 08, 2010
blog Applications for the H-1B quota will start on April 1st. Due to recent changes in the filing system, preparing an H-1B file takes anywhere between 2 to 4 weeks. Although the quota numbers were available for 8 months in 2009, the quota maybe filled up very quickly this year. Therefore H-1B files need...

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