Congress has failed to reauthorize the EB-5 regional center program, meaning the program has expired on June 30, 2021. With this expiration comes a plethora
On June 23, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it will accept certain resubmitted H-1B petitions for fiscal year 2021. This will
On June 1, 2021, the U.S. Chamber of Commerce announced the launch of its nationwide initiative, America Works, to address the worker shortage crisis in
The July 2021 Visa Bulletin sheds some light on the advancement of Final Action Dates. NOTE: The monthly YouTube livestream “Chats with Charlie” in which
Marriage is a celebration of love, family, and the coming together of two people excited to share their life with each other. Navigating marriage when
The COVID-19 pandemic has significantly slowed down the United States immigration process. Not only are consulates and embassies short-staffed, but vaccinations have not yet reached
The naturalization process is one which allows a foreign citizen to become a full-fledged U.S. citizen, granted the same rights and privileges as any natural born U.S. citizen, including the right to vote in federal elections, which is something that visa holders and lawful permanent residents can’t do, even if
The recent decision by the U.S. Supreme Court to strike down the Defense of Marriage Act and allow same sex couples the same federal benefits as those in heterosexual marriages was viewed as a major victory for the lesbian, gay, bisexual, and transgender community. But this decision was not immediately
The U.S. constitution guarantees fair treatment for all persons under the law. This means that any person, regardless of immigration status, is entitled to enjoy certain rights. One of the rights which immigrants get to enjoy is the right to have an attorney appointed as legal defense should the immigrant
In the U.S., a green card signifies that the holder is a lawful and permanent resident of the United States. For individuals who are still citizens of foreign countries but who have established a new life in the United States, getting a green card is usually a good idea because
Relief from removal is what a foreign citizen in the United States seeks in order to avoid forced removal from the country – it other words, it is what is sought to avoid deportation. Who Can Be Deported? Any person who is not a citizen of the United States is
Should the government issue a foreign citizen an Order of Removal, or deportation notice, the person is very likely going to feel scared, helpless, angry, and a wide range of other emotions that would be more than understandable in the situation. Luckily, individuals don’t have to fight a deportation notice
The United States allows citizens and lawful permanent residents to act as sponsors for foreign-born family members, however, the government is very strict as to what relationship to the citizen or permanent resident the foreign citizen must have in order to be sponsored. Aunts and uncles, nieces and nephews, grandparents,
Foreign citizens who are currently in the United States unlawfully might feel like they have no hope of gaining lawful resident status – but if they meet certain conditions, even those who are here illegally can qualify for a green card and lawful permanent resident status through a section of
This is one of a multi-blog series about degree requirements and equivalency in PERM Labor Certification. Additional PERM information is available on our website. PERM Overview A U.S. employer that wishes to sponsor a foreign national employee for a permanent position must usually establish that there are no qualified U.S.
One can become a citizen of the United States by being born in the U.S. or one of its territories, or through a process known as naturalization. The process of applying for naturalization has several requirements, which an experienced immigration and naturalization attorney can explain to the applicant in further
You’ve probably heard of cases being appealed, reopened, or reconsidered. But what do these terms actually mean and can it be something you can take advantage of in case your immigration petition is denied? Notice of an Unfavorable Decision Applications for visas, green cards, and citizenship are reviewed and approved by
It is an exciting time for many foreign nationals living in the United States. During the last four months, the EB-2 priority dates for India and China have moved forward over two years. As a result, many employment-based immigrants have been able to file Applications for Adjustment of Status earlier
Congratulations! Your I-130 petition has been approved! You worked hard, put together a good petition, and now your loved one can immigrate to the United States, perhaps joining you here in central Ohio, worry free. Right? Not always. Even after the United States Citizenship and Immigration Service (USCIS) has approved your I-130
A judge for the Board of Alien Labor Certification Appeals (BALCA) recently ruled on an interesting case related to the burden employers face trying to prove the hardship related to training a new employee. It is yet another instance where experienced representation must be present when maneuvering the permanent labor
Ten months after the release of the Neufeld Memo focusing on the employer-employee relationship aspect of the H-1B petition, the U.S. Citizen and Immigration Services (USCIS) appears to have retreated to a more reasonable interpretation of the common law relationship. Focusing on the correct concept of “Right to Control” rather than
The Specific Vocational Preparation (SVP) system plays a critical part in PERM Labor Certification and is the basis by which DOL may challenge an excessive job requirement by the employer in PERM Labor Certification filings. It is critical to gain a full understanding of the PERM certification in order to understand
Good immigration advice is key to making decisions when it comes to any immigration case. Nine years ago Jose Padilla, a Honduran-born Vietnam veteran who had lived in the United States legally for four decades, asked his attorney if pleading guilty to a drug charge would impact his immigration status.
The Department of State (DOS) has recently confirmed the commencement of its independent verification of information contained in visa applications. Shihab Burke, LLC, Attorneys At Law also confirms that some of its clients have been contacted by the Kentucky Consular Center (KCC) via contractors by telephone as part of the
This is the conclusion of the four-part blog series that detailed a lawsuit which was filed in the District of Columbia Federal court challenging the new H-1B Neufeld Memo. The first three blogs discussed the complaint that was filed in court, the motion for preliminary injunction that was filed by
If the employer has a drug and criminal background screening policy that they place in the PERM Labor Certification advertisement, they must also include this requirement in the PERM Labor Certification application form ETA 9089, BALCA ruled. If this is not done, the Certifying Officer (CO) will conclude that the
Generally in response to a Department of Labor PERM Labor Certification audit, the employer must provide specific documents that show that the proper recruitment steps were followed. If certain supporting documentation is missing, the Certifying Officer (CO) may deny certification, unless the attorney can show that the recruitment steps were actually followed