Clarity and Strength in Immigration Law

USCIS Resumes Premium Processing for All H-1B Petitions!

On Monday, March 11, 2019, USCIS announced that they are resuming premium processing service for all H-1B petitions starting Tuesday, March 12th. If a case is filed through premium processing, USCIS will make a decision on a case, or issue a request for evidence (RFE) within 15 calendar days of receiving the premium processing case. […]

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Big Changes for H-4 Filings (and Other I-539 Filings)

USCIS has recently announced that a new Form I-539 will be available on March 11th. This is the form used to apply for an extension of status for H-4 and L-2, and to change status to these and other classifications. The major changes with the new form are as follows: A signature will be required […]

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Why Is My Immigration Case Taking So Long?! Recent Trends in USCIS Processing Delays

By Samantha Davis, Richmond, VA Immigration Lawyer If you feel like your case has been pending for longer than anticipated, you are not alone. Members of the immigration law community have noticed longer and longer case processing times. Their observations were confirmed with a recent AILA report. The American Immigration Lawyer’s Association (AILA) analyzed recently […]

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Q&A with Sumner Immigration Law Paralegal Nikita Hernandez

Q:Tell us about your background. Where did you go to school/what did you study/where did you work previously? A: I grew up a military brat, or “gypsy” as my retired, active duty Air Force mom would say. We moved every 2-3 years, mostly around the US south, mid-west, and internationally only once to Japan before […]

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Q&A with Sumner Immigration Law Paralegal Ryan Carroll

Q:Tell us about your background. Where did you go to school/what did you study/where did you work previously? A: I am originally from Salem, VA, a small town in Southwestern Virginia. After graduating high school, I began attending Virginia Commonwealth University in Richmond, VA, where I have been residing ever since. Q: What drew you […]

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2019 H-1B Cap: Five Things You Need to Know!

The 2019 H-1B cap deadline of April 1 is fast approaching. If you are an employee or an employer interested in filing an H-1B petition for the upcoming H-1B lottery, there are several key things to keep in mind: What does it mean to sponsor an H-1B? If you have never sponsored an employee for […]

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F-1 and J-1 Visa Holders: Beware the New Unlawful Presence Memo!

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. Both of these terms are legal terms of art, with specific meanings. Out […]

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Help! My race is not listed on the I-485 Form!

We frequently have clients ask about the Biographic Information section in Part 7 of the I-485 Form and similar questions on race and ethnicity on other US immigration forms. The form limits the preparer to two ethnicities and five races. This can be frustrating and very confusing if you don’t feel that you fall into […]

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Staying Ahead of the Curve: Proposed Changes to the H-1B Cap Program

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. Creation of a Registration Process The proposed rule would create an initial registration process for petitioners seeking […]

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New (and improved?) LCA: Nobody Panic Yet

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 Department of Labor. Fortunately, the LCA updates will not require you to resubmit previously submitted […]

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