The 3/10 Year Bar

We constantly hear that undocumented immigrants are not obeying the "rule of law" or that because we are "country of laws" undocumented immigrants need to be arrested and deported regardless of their situation and the consequences to either them or the U.S. These phrases are thrown about randomly because they surely sound good. There...

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H-1B Usage

The story continues. Last year, 13,500 regular H-1B applications were counted in the first week and 5,600 advanced degree applications. This year 5,900 regular applications were received in the first week and 4,500 advanced degree petitions. USCIS reported that in the second week of counting, 7,100 regular cases were receipted and ...

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I-9 Central

The  will soon announce a new I-9 compliance website, aptly named “I-9 Central,” which should be available in the spring of 2011. The I-9 Central website will provide detailed guidance on how to complete what many consider to be America’s most complicated (and potentially expensive) one-page form. The paper I-9 form is a mine...

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Affiliations

H-1B professionals who work at following places are exempt from the H-1B numerical caps: Institutions of higher education or related or affiliated nonprofit entities; Nonprofit research organizations; or Governmental research organizations. One issue in contention revolves around the definitio...

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Update On H-1B Audits

In order to reduce and discourage visa fraud and unlawful employment, U.S. Citizenship and Immigration Services (USCIS) has begun a two-prong enforcement campaign aimed at employers by heavily utilizing H-1B site visits and Form I-9 audits. As a result, as many people know, USCIS has deployed inspectors to perform thousands of on-sit...

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B-1 Visa For Prospective Investor

A can be obtained for a prospective investor.  If you are planning to start your own company, but have not yet fully funded or started the enterprise, you can petition the government for a visa to start your own business.  The B-1 visa allows you to enter the U.S. for up to six months at a time.  The interesting part about the B-...

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Green Card Tips

One of the most important parts of obtaining a green card through employment and labor certification is the prevailing wage, or the wage that one must intend to pay upon the granting of permanent residence. A couple of tips: The job description is very important in a prevailing wage determination. Also determining ...

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Ability To Pay

As part of the , the company must show that it has the ability to pay the wage of the applicant to USCIS before USCIS will approve the case.  Generally, this is shown by either net income, that the company has enough net income over and above the prevailing wage to pay the wage or that in actuality, the wage is being paid to the ap...

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RFE Times To Be More Reasonable

At the AILA (American Immigration Lawyer’s Association) conference in June 2011 in San Diego, one of the big complaints from the members was that RFE’s (Request for Evidence) were being sent with very short (usually 30 days) response time. In general, the 30 days starts ticking when the letter is generated at USCIS (immigration s...

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L-1B Specialized Knowledge

As many people know, the government is looking very closely at visas and whether specialized knowledge exists for an Our office has seen quite a few requests for evidence and denials because the USCIS is not convinced that an executive possesses specialized knowledge. The government often states that the knowledge must be unique or...

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