U.S. immigration law, which is essentially just a series of lists of who can stay, who has to leave, who cannot come in at all, etc., breaks down everybody coming… CONTINUE

Recently the U.S. Citizenship and Immigration Service announced that beginning May 22, 2015, the derivative spouses of certain H-1B non-immigrants will be eligible for work authorization. Historically, the spouses of… CONTINUE

BIA HOLDS THAT A RETURNING LAWFUL PERMANENT RESIDENT CANNOT BE REGARDED AS SEEKING ADMISSION AND TREATED AS AN ARRIVING ALIEN AND THUS MAY NOT BE CHARGED WITH INADMISSABILITY UNDER INA… CONTINUE

BIA FINDS AN IMMIGRATION LAWYER WHO HAD HIS LEGAL ASSISTANT IMPERSONATE HIM DURING MULTIPLE TELEPHONIC APPEARANCES BEFORE IMMIGRATION JUDGES WAS APPROPRIATELY SUSPENDED FROM PRACTICE BEFORE THE IMMIGRATION COURTS, THE BIA,… CONTINUE

Q: So between April 6 and October 1, USCIS does not take any more applications? A: Generally not. If the petition is subject to the H-1B cap, it must wait… CONTINUE

BIA HOLDS THAT AN I-130 BENEFICIARY WHOSE ADOPTION DECREE WAS ISSUED AFTER SHE WAS 16 YEARS OLD, BUT WITH A RETROACTIVE EFFECTIVE DATE PRIOR TO HER 16TH BIRTHDAY, CAN QUALIFY… CONTINUE

Q: So there is a little pre-screening that goes on before they toss it into the pile of 65,000 applications? A: That’s right. USCIS must go through all the applications… CONTINUE

To be eligible for the H-1B lottery, a complete application must be filed with the immigration service. So, the necessary I-129 forms, the supplements, the data collection sheets, filing fee,… CONTINUE

BIA HOLDS THAT IN DETERMINING WHETHER A CONVICTION IS FOR AN AGGRAVATED FELONY CRIME OF VIOLENCE PER 18 U.S.C. § 16(b), THE IJ MUST DECIDE IF THE CONDUCT ENCOMPASSED BY… CONTINUE

Q: Are there any additional H-1B Visas? A: Yes. There are, for example, 20,000 additional visas restricted for those candidates who have earned a U.S. Master’s Degree. Again, it’s very… CONTINUE