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

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, 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

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

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