News & Updates

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H-1B Visa

The H-1B Visa Beyond 6 Years

Subject to certain exceptions, an H-1B visa holder may be allowed to work in the U.S. for an initial period of three years.  This status may be extended for an additional three years, but it generally cannot go beyond a

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H-1B Visa

10 Reasons the H-1B Neufeld Memo Should Be Withdrawn

The Neufeld Memo is in violation of the Administrative Procedures Act (APA), which governs rule-making by government agencies and sets forth minimum procedures which must be followed by government agencies issuing new rules. The United States Citizenship and Immigration Services (USCIS) did not follow the procedures required by the APA

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Naturalization

Why U.S. Citizenship Is Better than a Green Card

Many permanent residents consider attaining a green card to be the final step in the immigration process. Most green cards are valid for 10 years and can be renewed indefinitely. Consequently, a surprisingly large number of permanent residents renew their green cards for decades and never naturalize or, in other

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H-1B Visa

H-1B Visa Interview Updates

A Columbus, Ohio client recently asked me what has changed at the H-1B visa interview and what to expect due to recent policy changes. So I thought a blog on this topic is appropriate. The H-1B visa is an employment-based, non-immigrant validation available for foreign national workers in specialty occupations.

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H-1B Visa

Is It Safe for H-1B Visa Holders to Leave the U.S.?

Many H-1B visa holders were alarmed by the recent news that several H-1B workers attempting to enter the United States at Newark Airport were either denied entry and sent back to their home countries or placed in expedited removal proceedings. While it has become clear in the weeks since that

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Immigrant Visa

Labor Certification: Experience Acquired with the Same Employer

The PERM process exists to test the U.S. labor market for qualified U.S. workers that could fill a permanent position prospectively being offered to a foreign national. The purpose of PERM labor certification is to establish that the foreign national employee is the only individual with the necessary combination of

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Immigration

Reforming the Immigration System’s Adjudication of Removal Cases

The American Bar Association recently released an executive summary on the findings of a study conducted to understand the current U.S. system for removal. It described the current system as “in crisis.” The study focused on the four governmental bodies that handle removal cases, namely the Department of Homeland Security

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Family Immigration

Child Status Protection Act: The Class Action

Not all issues related to the Child Status Protection Act are settled law. There remain several unanswered questions. An example is the Matter of Xiuyi WANG. Many families in Michigan and throughout the US await some positive news on a class action law suit related to CSPA. In the Matter

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Family Immigration

Child Status Protection Act: Children of Asylees and Refugees

In many parts of the U.S. including Columbus, Ohio and Troy, Michigan, refugees and asylees struggle to find a new life and to forget their troubled past. The Child Status Protection Act (CSPA) offers much needed assistance to them. As we discussed in prior blogs, the Child Status Protection Act

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Family Immigration

Child Status Protection Act (CSPA): Retroactive Application

Many of our Family Immigration clients in Columbus, Ohio; Troy, Michigan; and elsewhere share their frustration that notwithstanding near a decade since the passage of the Child Status Protection ACT (CSPA), USCIS continues to struggle with its interpretation. I explained in my prior blog, that CSPA was enacted on August

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H-1B Visa

Filing Approvable H-1B Petitions 

What are the elements that constitute an approvable H-1B petition? This is the question that my clients who call my Columbus, Ohio office ask frequently. What can the employer and employee do to help their H1-B visa attorney get the best results for them? I once even had a client tell me: “Please

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