Recently, the U.S. Supreme Court issued a decision in the U.S. v. Texas case that addresses the DACA II and DAPA benefits sought by the Obama Administration. The following information will assist layman to understand the ripple effects of that decision:
Q: How did the Supreme Court rule in U.S. v. Texas?
A: On June 23rd,...
AN OASIS IN THE DESERT: EXPANDED The 2016 Provisional Unlawful Presence Waiver Rule.
On July 29, 2016, DHS published a final rule expanding the availability of the provisional unlawful presence waiver to individuals who would be statutorily eligible for an unlawful presence waiver under INA §212(a)(9)(B)(v). The rule also makes additional changes to the current provisional waiver process. The following provides background information on the unlawful presence...
THE NPZ LAW GROUP CONTINUES TO URGE EMPLOYERS WHO PETITION FOR H-1B AND L-1 VISAS TO UNDERSTAND H-1B AND L-1 FDNS SITE VISITS
By: Michael Phulwani, Esq., David H. Nachman, Esq. and Ludka Zimovcak, Esq.
U.S. Citizenship and Immigration Services (USCIS) began its Administrative Site Visit and Verification Program (ASVVP) in 2009. Under the program, site visits are conducted by the Fraud Detection and National Security directorate (FDNS) of USCIS. FDNS conducts site visits for religious worker petitions,...
DOES IT PAY TO APPEAL AN ADVERSE BUSINESS IMMIGRATION CASE TO THE ADMINISTRATIVE APPEALS OFFICE (AAO)
By: Michael Phulwani, Esq., David H. Nachman, Esq., and Ludka Zimovcak, Esq.
When a USCIS Service Center denies an employment-based visa petition, is it prudent to recommend to a petitioning employer to appeal to the AAO? Not if you have the option of filing a new petition. But there are many situations where refiling may...
New Alerts: USCIS to Allow Additional Applicants for Provisional Waiver Process
Release Date: July 29, 2016
U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process. The provisional...
New Alerts: USCIS to Allow Additional Applicants for Provisional Waiver Process Continue reading…
U.S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process. The provisional...
USCIS Provides Clarifying Guidance for O-1 Petitions with Focus on STEM Fields
USCIS announced clarifying guidance on how we determine whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both.
Individuals of extraordinary ability in the arts or extraordinary achievement...
DOS REVIEW OF AUGUST 2016 VISA BULLETIN
The unveiling of the August Visa Bulletin leads us to contemplate possible Final Action Date movement for September, the final month of the fiscal year. The August Visa Bulletin helps us to consider predictions for September and prospects for recovery in key retrogressed preference categories in Fiscal Year (FY) 2017.
EB-4 and Certain Religious...
DEPARTMENT OF LABOR ADJUSTED IMMIGRATION PENALTIES AS AN ADJUSTMENT FOR INFLATION
On July 1, 2016, the U.S Department of Labor issued an interim final rules to adjust the amounts of civil penalties assessed or enforced in its regulations. The Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act) requires...
USCIS: Cap Gap for Students Without a H-1B Application Rejection or Decision
This past week, a Federal District Court decided Washington Alliance of Technology Workers v. DHS. The lawsuit sought to prevent foreign students from having an opportunity to gain practical experience in the U.S. following their full-time course of study. The Court invalidated a 2008 U.S. Department of Homeland Security (DHS) rule which permits an...
Employers Need to Know That Site Visits Continue to be a Routine Protocol For USCIS.
By: David Nachman, Esq., Michael Phulwani, Esq. and Ludka Zimovcak, Esq.
Some time back, the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. reported that the U.S. Department of Homeland Security, Citizenship and Immigration Services ("USCIS"), sought to step-up its efforts to find fraud in the H-1B program. This was done by conducting investigations...
Want More News?
Browse Our Podcast Library