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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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 U.S. immigration forms. The form limits the preparer to two ethnicities and five races. This can…
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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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Immigration lawyer Samantha Davis joined the Sumner Immigration team in August 2018. We sat down with her for a quick getting-to-know-you interview, so that our clients and friends could get to know her better. Here’s what we found out! Q:Tell…
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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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By Nikita Hernandez, Paralegal at Sumner Immigration Law Way to Mess Up #1: Get married before or during the process The K-1 petition and visa process is for a fiancee. Once you get married, you need to file a completely different petition with diffe…
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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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