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Attorney Blog

Important Information and Updates Concerning Immigration Law

New Guidance on H-1B Petitions for Third-Party Site Workers

The H-1B specialty occupation visa process has undergone another overhaul, at least when it comes to third-party workers.

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The Senate's Failure to Secure a Deal for Dreamers

Even after their best chance at doing so, the Senate has failed in securing a DACA fix. What happens now?

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Public Charge Rulemaking Draft Expands Grounds for Inadmissibility

Before, only non-cash oriented government programs would be weighed in determining one's likely status as a public charge. A new rule may change that.

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Undocumented Business Owners Under U.S. Immigration Law

While any undocumented immigrant is subject to deportation, whether or not it is illegal for such an individual to own and operated his or her own business is a more complicated matter, and one that has not been adequately addressed.

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The White House Immigration Framework and its Implications

The White House has released its framework providing a comprehensive DACA fix, but it is combined with a slew of demanded concessions that will prove difficult in finding a foothold within Congress. 

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Success Story: George's Petition for the EB-2 National Interest Waiver in Internet Technologies

No case is clear cut, and demonstrating exceptional ability to USCIS is no easy feat, but a good strategy can do wonders. Here is one such case in which an exceptional entrepreneur without an advanced degree was successfully granted the EB-2 National Interest Waiver.

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H-1B Wage Level 1 RFEs: Specific Actions to Take

USCIS has adopted the inappropriate practice of using wage levels to help determine whether a H-1B position is a specialty occupation. Here are some specific actions petitioners may take in securing a favorable outcome. 

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Strategies for Combating Level 1 Wage RFEs for H-1B Petitions

Each and every argument USCIS uses in justifying its use of wage levels to determine an H-1B position's specialty occupation eligibility is propped up by flaws that, if appropriately expounded upon, may assist in obtaining a favorable adjudication.

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USCIS Now Issuing H-1B Specialty Occupation RFEs Due to Low Wage Levels

In a startling new trend, USCIS has begun issuing RFEs to H-1B petitions claiming Level 1 and 2 wage levels. What has led to this sudden occurrence, and is there any reasonable justification?

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USCIS Rescinds Deference to Prior Approvals in Deciding Visa Extensions

As of a new policy memorandum, USCIS will no longer simply defer to prior petition approvals when adjudicating subsequent requests for nonimmigrant visa extensions. This has already resulted in numerous complications, and all nonimmigrants interested in filing an extension of status should prepare themselves. 

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California: The Golden State Becomes a "Sanctuary State"

Of the emergent issues since the presidential campaign of 2016, the status of so-called sanctuary cities are among some of the most politically volatile. With the coming of 2018, California has taken the next incendiary step of becoming the country's first sanctuary state.

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Know Your Rights: Dealing with ICE

"Felons, not families," were words once used to describe America's platform confronting undocumented immigrants. Now it seems that just about anyone may be targeted. That is why, if you are a vulnerable immigrant within this nation, it is absolutely essential that you know your rights should you ever find yourself in a fateful encounter with ICE.

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The Pitfalls of Changing Status to the F-1 Student Visa

There are often cases in which a nonimmigrant in the U.S. decides that he or she wishes to attend school or enroll in an educational program and therefore change status from one nonimmigrant category to an  F-1 student visa. If the person is qualified, obtaining such a change of status should be simple enough. So why isn't it?

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Mandatory Interviews for Employment-Based AOS Applicants

USCIS is now expanding the requirement for in-person interviews to employment-based adjustment of status applications, a visa category largely untouched by such interviews before. This new burden has wide-reaching implications, and may affect the entire immigration process.

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Parole for Entrepreneurs: is the O-1 Visa the Better Option?

The International Entrepreneur Rule was long awaited by American businesses for its promised deliverance of a new route for foreign entrepreneurs to bring new innovation and stimulus to the nation, but those hopes may fall flat. In analysis of the language governing the new rule, does the O-1 visa remain the more viable option for these valuable individuals?

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USCIS to Officially Begin Accepting IER Applications

On Thursday, December 14th, United States Citizen and Immigration Services (USCIS) announced that it would begin implementing the long-awaited and industry-lauded International Entrepreneur Rule (IER). While this is a time for celebration, there is also a sense of urgency in taking advantage of this unprecedented gateway.

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