In August 2018, USCIS implemented a new policy memo regarding the accrual of unlawful presence for F, J, and M nonimmigrants. Before we delve into what this means, let’s take a look at the difference between out of status and unlawful presence. Bot…
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By Samantha Davis, Richmond VA Immigration Lawyer On December 3rd, 2018, USCIS announced a proposed rule that could significantly change the H-1B cap program. The proposed rule includes two major changes to the current H-1B cap lottery program. Creat…
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By Samantha Davis, Immigration Lawyer, Richmond VA On Monday November 19, 2018 the Department of Labor introduced an updated Form 9035, or Labor Condition Application (LCA). Before an employer files an H-1B, they must have an LCA certified by the Dep…
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Each month a representative from the American Immigration Lawyers Association meets with Charlie Oppenheim, the man behind the visa bulletin curtain, to get a sense of how the priority dates may advance (or not!) in the coming months. In October̵…
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Attention all employees and employers who filed an H-1B petition under the H-1B cap in April! The H-1B cap gap provisions in the regulation allow an H-1B candidate to keep working even after their OPT has expired, assuming an H-1B petition requesting…
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The question of when a person can submit the I-485 to apply for a green card is one of the trickier aspects of U.S. immigration law to understand. Since October 2015, the Department of State has published two charts for the family-based categories, a…
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Today, USCIS announced that they are extending the H-1B premium processing program for H-1B cap cases until at least 2/19/2019, and that they are extending the H-1B premium processing suspension for certain other types of H-1B petitions. What does th…
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We carefully monitor the status of the cases that we have filed with USCIS for our clients. Occasionally, if a case is not proceeding as expected or we encounter another issue that needs to be addressed by USCIS, we may find it necessary to place a S…
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Earlier this month, we wrote about two new major policy changes with U.S. immigration: 1) a policy memo was issued that directed USCIS to issue a Notice to Appear (NTA) when a petition or application was denied, leaving the beneficiary or applicant o…
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These are difficult times in the U.S. immigration landscape, even for foreign nationals who are in the U.S. legally. We often hear in the news about the separation of children whose parents are seeking asylum in the US, the de-naturalization task for…
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