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 Reaffirms Prior Precedent That a Grant of Family Unity Does not Constitute an Admission to the U.S. per INA 101(a)(13)(A).
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 Reliability of Testimony, the Immigration Judge Should Generally Accept The Fear Of Harm As Subjectively Genuine.
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
The H-1B Cap and Filing Deadline
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
H-1B Visa Defined
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
E Visa Time Limits Explained
Q: So there’s no time limit on E Visas? A: That’s essentially correct. However, one’s actual E visa – as well as the time period the visa holder is allowed… CONTINUE
BIA Overrules Prior Precedents
BIA OVERRULES PRIOR PRECEDENTS, HOLDS THAT IJ’S FINDINGS AS TO FUTURE OCCURENCES ARE FINDINGS OF FACT AND THUS SUBJECT TO A “CLEARLY ERRONEOUS” STANDARD OF REVIEW. On May 26, 2015,… CONTINUE
E Visas for Employees of Existing Businesses.
Q: If I’m a person who has emigrated to the United States, and I have an ongoing business, and want to bring over some employees for my existing business or… CONTINUE
E-1 & E-2 Visas Explained
The E-1 Treaty Trader Visa is used by people from countries that have the appropriate treaty with the U.S., who wish to set up an import and/or export business in… CONTINUE
New H-1B Change of Employment Requirements
AAO HOLDS THAT A CHANGE IN THE PLACE OF EMPLOYMENT OF AN H-1B EMPLOYEE TO A GEOGRAPHICAL AREA REQUIRING THE CERTIFICATION OF A NEW LCA IS A “MATERIAL CHANGE IN… CONTINUE
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