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B-1/B-2 Visitors: Change of Status Needed to Enroll in School
Before enrolling in classes, individuals who hold B-1 or B-2 status must first obtain student status, either F-1 (academic student) or M-1 (vocational student) status. USCIS recently reminded B-1/B-2 visitors that enrolling in classes while in B-1/B-2 status will result in a status violation. If B-1/B-2 visitors enroll in classes before a change of status […]
BE PREPARED FOR LIKELY H-1B VISA CHANGES
Image courtesy of Stuart Miles at Freedigitalphotos.net This year’s H-1B season has many of us nervously watching President Trump’s moves. Last week the President signed executive orders to build his promised wall at the border with Mexico and to find and deport unauthorized immigrants. A third executive order last Friday barring refugees and travelers from […]
DOMA is DEAD
On June 26, 2013, the Supreme Court unequivocally affirmed there is no legitimate reason for the federal government to discriminate against married couples based on sexual orientation. The Defense of Marriage Act (DOMA) of 1996 defined marriage as a legal union between a man and a woman. The implication of the Supreme Court’s historic decision […]
DS-160, The New Non-Immigrant Visa Application
The Department of State (“DOS”) will require that all U.S. Embassies and Consulates abroad use the new online DS-160 for nonimmigrant visa applications by April 30, 2010. The DS-160 will replace the paper based application, form DS-156. Many posts have already begun using form DS-160, although technical problems persist. Nonimmigrant visa applicants with upcoming appointments […]
Employment Authorization for H-4 Spouses: Final Rule Published
U.S. Citizenship and Immigration Services (USCIS) has published a final rule allowing certain H-4 spouses of H-1B temporary work visa holders to apply for an employment authorization document (EAD) beginning May 26, 2015. To minimize delays, eligible H-4 spouses should contact our law firm now to begin preparing the required application and supporting evidence. Background U.S. businesses use the […]
Employment Based Preference Categories and Priority Date Retrogression
The Immigration and Nationality Act sets limits on how many green cards or immigrant visas may be issued each Fiscal Year (October 1st through September 30th ) in all visa categories. Every year, the government (U.S. Citizenship and Immigration Services, “USCIS,” and the Department of State, “DOS”) specifically issues a certain number of employment based […]
Executive Action on Immigration to Affect Millions
Did you watch the President address the nation live last week? On November 20, 2014, President Obama announced a series of executive actions, including: cracking down on illegal immigration at the border, prioritizing deportation of felons (details of which are still unclear), and requiring certain undocumented immigrants to pass a criminal background check and pay […]
ARB finds worker’s time to obtain social security card entitled her to back pay
The Administrator, Wage and Hour Division of the Department of Labor (“ARB”) recently found that the time for which an approved H-1B employee was unavailable to start work while she was waiting for a Social Security card to be issued, was nonproductive status, entitling her to back pay. (Matter of Univ. of Miami v. Gabriele […]