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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...

Conrad 30 Waiver Program for J-1 Medical Graduates

J-1 exchange visitors for graduate medical training are generally required to complete a 2-year home residency requirement after completion of J-1 status before applying for a visa to reenter the United States.

L1A Visas for Intracompany Transferee Executives or Managers

The L1A visa is for intracompany transferee managers and executives. It allows a U.S. company to transfer a foreign executive or manager from a company with a qualifying relationship to the U.S. company to work in the United States as an executive or manager.

Birth Abroad

U.S. immigration law recognizes the importance and sanctity of U.S. citizenship. Because of this, there are provisions of U.S. immigration law that make it easy in many scenarios for U.S. citizen parents to transfer citizenship to a child born abroad.

K-1 and K-2 Nonimmigrant Visas

The K nonimmigrant visa category includes the K-1 visa for fiancées of U.S. citizens and the K-2 visa for accompanying minor children. The U.S. citizen and his or her fiancée are required to marry within 90 days of the fiancées admission into the United States with a K-1 visa for the K-1...

What Happens When Client Files Are Destroyed By a Disaster or Accident?

New York attorneys have a duty to preserve documents related to current and former clients. But what happens when client files are destroyed by a disaster or accident? Does the attorney have an ethical obligation to notify his/her current or former client when client files have been...

Affirmative Asylum Scheduling Bulletin for September 2015

USCIS has posted the Affirmative Asylum Scheduling Bulletin for September of 2015. This bulletin displays which asylum applicants have had their interviews scheduled the past few months. The bulletin may give certain affirmative asylum applicants an idea of when an interview...

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