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

BIA REAFFRIMS PRIOR PRECEDENT, REFUSES TO FOLLOW 9TH CIRCUIT CASELAW IN HOLDING THAT A GRANT OF FAMILY UNITY PROGRAM BENEFITS DOES NOT CONSTITUTE AN “ADMISSION” TO THE U.S. PER INA… CONTINUE

BIA HOLDS THAT WHERE AN ASYLUM APPLICANT HAS COMPETENCY ISSUES AFFECTING THE RELIABILITY OF HIS OR HER TESTIMONY, THE IMMIGRATION JUDGE SHOULD GENERALLY ACCEPT THE FEAR OF HARM AS SUBJECTIVELY… CONTINUE

There are only approximately 65,000 visas available per year, a limit often referred to as the H-1B Cap. Most employers try to file petitions for their H-1B candidates by March… CONTINUE

The H-1B Visa is a specialty occupation visa, generally meaning the individual must hold – and the position must require – Bachelor’s Degree. Just having a college degree may not… CONTINUE