Immigrant Visas
In the News: Judge Blocks Trump Administration Wealth Test
A “public charge” rule has been part of immigration law for over 100 years. Most immigrants who want to become permanent residents have always had to prove they would not become a burden on the country. Yet the Trump Administration expanded many of the programs that would allow Homeland Security and USCIS to deny applications. …
Read MoreLiberian Refugee Immigration Fairness Program
Enacted in December, 2019, The Liberian Refugee Immigration Fairness (LRIF) Program allows eligible Liberian Nationals and certain family members a one year window (Until December 20, 2020) to apply for adjustment of status to Permanent Resident (green card). In order to qualify the Applicant must be: A Liberian National; Living in the United States since…
Read MoreI-140 Petitions
The October 2020 Visa Bulletin shows that Employment Based Third Preference (EB-3) for individuals born in China and India has a more recent cutoff date than Employment Based Second Preference (EB-2). For such individuals, it is possible to file for Adjustment of Status to Permanent Resident (I-485) using the cutoff dates for the EB-3 Preference…
Read MoreInjunction of the Public Charge Rule
Due to an injunction issued by the US District Court for the Southern District of New York, USCIS will no longer reject applications based on the likelihood of a prospective immigrant accessing public benefits such as Medicaid, SNAP, TANF, etc. I encourage anyone with further questions regarding this decision to contact my offices and schedule…
Read MoreCan International Students Take Online Classes?
As of July 14, 2020, the danger that international students will be deported because they take too many online classes, or because their university moved to an 100% online format, has passed, at least for now. In the face of numerous lawsuits, the Trump Administration has backed down. This means that F-1 and M-1 visa…
Read MoreIn the News: Immigration Remains Intertwined With the Covid-19 Pandemic
The Covid-19 pandemic and immigration policy have become entangled. The pandemic makes life harder on immigrants. It’s also inflamed the debate. Indeed, the tug-of-war over immigration seems to be the one facet of American life that hasn’t ground to a complete halt. Here are four news items worth paying attention to. The 60-Day Ban on…
Read MoreImmigration Hiring During the Covid-19 Crisis
If you’re one of the many employers who depends on immigrant labor then the Covid-19 crisis may have brought you new concerns and challenges. You can send a citizen employee to work from home with no further action. Sending an immigrant employee home or hiring a remote, immigrant worker may require additional paperwork. There are…
Read MoreAdditional 30,000 H-2B Visas to be Made Available for the Remainder of FY2019
The Department of Homeland Security will release an additional 30,000 H-2B visas for returning seasonal workers who previously worked in the U.S. during one of the last three fiscal years (2016, 2017 and 2018). On May 6, 2019, DHS announced that a joint DHS/DOL temporary rule increasing the H-2B cap would be published in the…
Read MoreDepartment of State Fact Sheet on How the Immigrant Quota System Works
The Department of State is responsible for administering the provisions of the Immigration and Nationality Act (INA) in regards to numerical limitations on immigrant visa issuances. This information sheet explains how it works. At the beginning of each month, the Visa Office (VO) receives a report from each consular post listing totals of qualified immigrant…
Read MoreRules To Extend 601A Waiver
The United States Citizenship and Immigration Services (USCIS) has published a new final rule that expands the class of individuals who are eligible to apply for a ‘provisional’ waiver of certain grounds of inadmissibility (Form I-601A) based on their accrual of unlawful presence in the United States. The provisional unlawful presence waiver allows certain individuals,…
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