News & Updates
News Flash: Visa Bulletin Updates on YouTube
The U.S. Department of State (DOS) Visa Bulletin provides vital information to those seeking to file an immigrant visa petition. Each month, a bulletin is
H-1B Recapture of Days Spent Outside the U.S.
In this blog we address the following question: What happens to the time H-1B holders spend outside the U.S. while working for U.S. employers and still within
News Flash: India and U.S. in Talks on H-1B Visa Restrictions
The H-1B visa restrictions have been top-of-mind for most foreign nationals seeking employment opportunities in the U.S. Cooperation between India and the U.S., along with
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
News Flash: USCIS May Reopen Denied H-1B Petitions
On Friday, March 12, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it may reopen, and possibly reconsider, previously revoked or denied H-1B petitions (Form
H-1B Registration Closes March 25
Starting in 2020, U.S. Citizenship and Immigration Services (USCIS) started a new process employers must go through to apply for H-1B cap visa petitions. The
10 Reasons the H-1B Neufeld Memo Should Be Withdrawn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
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
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.
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
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
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
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
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
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
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