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Legal Articles, Immigration

O Visas

O visas are nonimmigrant employment visas for limited classes of aliens. The O-1A (O1A) visa is for “aliens of extraordinary ability” who are seeking to enter the United States to work in their areas of expertise. The O-1B visa (O1B) is for an alien of “extraordinary achievement” in motion..

Life Act and Adjustment of Status

Who Was Eligible to Take Advantage of LIFE Act Adjustment of Status? The Original Filing Requirements for LIFE Act Adjustment of Status and Grandfathering. LIFE Act Adjustment of Status in Proceedings. Advice for LIFE Act Adjustment of Status

Refugee Numbers for Fiscal Year 2016

Section 207 of the Immigration and Nationality Act (INA) gives the President the authority to allocate a limited number of refugee numbers for each fiscal year (subject to consultation with Congress and certain other concerns). This effectively sets the limits for how many refugees...

Update: DHS Proposes New Rule to Extend STEM OPT Program

In a blog two months ago, I discussed a district court decision titled Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, wherein the Department of Homeland Security’s (DHS’s) rules extending occupational practical training (OPT) for certain STEM students..

An Important Decision for the Attorney-Client Relationship

I would like to share with you an important decision rendered by Judge Harry Leinenweber of the United States District Court for the Northern District of Illinois on August 31, 2015.

Special Rule Cancellation of Removal or Suspension of Deportation for ABC Class Members and Certain Eastern Europeans

The American Baptist Churches v. Thornburgh (ABC) Settlement Agreement was a class action settlement between a class of Guatemalan and Salvadoran nationals and the United States government rendered in American Baptist Churches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991) on January 31, 1991.

Bars to Asylum Application

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) established three bars to applying for asylum. The three bars, found in section 208(a)(2) of the Immigration and Nationality Act (INA) are: Safe Third Country Bar, Time Limit, Previous Asylum Applications.

Enhanced H1B Portability

The American Competitiveness in the Twenty First Century Act of 2000 (AC21) introduced the concept of “enhanced H1B portability.” Prior to the enactment into law of AC21, H1B Visas were portable from one employer to another. However, an H1B Visa-holder was not permitted to begin employment...

Adjustment of Status for Natives and Citizens of Cuba

U.S. immigration law contains special rules for natives and citizens of Cuba to adjust to lawful permanent resident (LPR) status in the United States. Generally, so long as a native or citizen of Cuba is admitted or paroled into the United States, he or she will be eligible for adjustment of...

Valid Employer-Employee Relationships for H1B Petitions

In order to have an H1B petition approved, the petitioner must demonstrate that a valid employer-employee relationship exists with the beneficiary. Regulations found in 8 C.F.R. § 214.2(h)(4)(ii)(2) state that the petitioner must “[have] an employer-employee relationship with respect to...

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