Clarity and Strength in Immigration Law

Business-based Immigration

I-140 Letters of Experience: A Formula for Success

In this tough immigration environment, we’re seeing an increase in the number of RFEs (requests for additional evidence) from USCIS, and USCIS is increasingly strict in their adjudications of immigration petitions and applications. As with any filing, the key to reducing the chance of an RFE is to make sure your petition is well-documented and […]

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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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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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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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Visa Bulletin Predictions: November 2018 and Beyond!

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 October’s meeting, Charlie made the following observations and predictions: Family-based preference categories: All of the final […]

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H-1B Cap Gap Ends 9/30/18 – Beware Unauthorized Employment!

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 change of status was timely filed while their OPT was still valid. This […]

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