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India EB-2 Expected to Retrogress

The second preference employment based category for immigrant petitions for Indian nationals is expected to retrogress as early as November. ...more

9/19/2014 - EB-2 Immigrants India USCIS Visas

Large Increase in Fee to Renounce Citizenship

Beginning September 6, 2014, the U.S Department of State fee to renounce U.S. citizenship increased fivefold—from $450 to $2,350. The increase, intended to discourage dual citizens from renouncing U.S. citizenship, comes...more

9/16/2014 - Citizenship Department of State Fees

Automated Passport Control

By now, many of our readers have likely seen Automated Passport Control (APC) kiosks in the passport control area of certain airports. APC, a U.S. Customs and Border Protection (CBP) program designed to expedite entry into...more

8/28/2014 - Customs and Border Protection Passports

CBP Launches Mobile Passport Control App

U.S. Customs and Border Protection (“CBP”) announced the release of its first mobile app this week. The app, Mobile Passport Control (“MPC”) will allow eligible travelers to submit their passport information and customs...more

8/14/2014 - Customs and Border Protection Mobile Apps Passports

Third Country Nationals: Consular Interviews Outside Your Home Country

Nonimmigrant visa applicants often inquire about attending consular interviews in a third country. Especially for foreign nationals who travel frequently, it is sometimes burdensome to travel to the home country solely to...more

8/8/2014 - Non-Immigrant Visas TCN Visas

White House Plans to Expand Immigrants’ Rights

Last month, President Obama stated that he would do as much as he could on his own to fix the U.S. immigration system in light of Congress’s failure to pass immigration reform this session. According to White House senior...more

8/4/2014 - Barack Obama Customs and Border Protection DACA Executive Powers Immigration Reform

UK Passport Workers Go on Strike

Hundreds of passport workers in the UK have gone on strike, citing staff numbers and pay as the cause of the dispute. The strike is taking place at all eight of the UK's Passport Office sites - Belfast, Durham, Glasgow,...more

8/1/2014 - Passports Strike UK

Miscellaneous Contract Provisions: The Part You’re Not Reading

sheer volume of contracts individuals and businesses see regularly, oftentimes makes it difficult to read and understand each and every provision of every contract. The “miscellaneous provisions,” typically found at the very...more

7/18/2014 - Boilerplate Language Contract Drafting Contract Formation Contract Interpretation

Deficient Approval Notices Issued

The U.S. Citizenship and Immigration Services (“USCIS”) has reported that a recent problem resulting in the issuance of deficient approval notices has been resolved. The error occurred at the California Service Center (“CSC”)...more

7/16/2014 - Deficient Approval Notices I-94 Cards USCIS Visas

BIA Holds Physical Presence of Parent Cannot be Imputed to Child for TPS Purposes

The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary...more

7/14/2014 - BIA Immigrants Temporary Protected Status

Phone Scam Targets Immigrants

Around this time last year, we reported on telephone scams involving callers purporting to be immigration officers contacting foreign nationals to demand money. Recently, there have been reports of a similar scam targeting...more

6/20/2014 - Immigrants Scams

DHS and White House Respond to Increase in Unaccompanied Immigrant Children at the Border

Last week, President Obama and the Department of Homeland Security (DHS) released statements on a plan to address an increase in unaccompanied immigrant children at the southwest border of the United States. The statements...more

6/12/2014 - Customs and Border Protection DHS FEMA ICE Immigrants Minors

Pentagon Attempt to Enlist DACA Recipients Delayed

As we recently reported, the Pentagon has been attempting to expand its ability to recruit beyond lawful permanent residents (LPRs) and U.S. citizens by enlisting Deferred Action for Childhood Arrivals (DACA) recipients. In...more

6/5/2014 - DACA Immigrants Lawful Permanent Residents Pentagon Visas

BALCA Holds Ads in One Newspaper Can Count as Multiple Recruitment Steps

Prior to filing a permanent labor certification (PERM) application for a foreign worker, U.S. employers must conduct a cumbersome recruitment process to first attempt to hire a U.S. worker. Demonstrating that the recruitment...more

5/29/2014 - Advertising BALCA Employer Mandates Foreign Workers Hiring & Firing Recruitment Policies

DHS Announces Proposed Rules

The Department of Homeland Security (DHS) announced this week that it will be publishing two proposed rules—one to extend employment authorization to spouses of certain H-1B workers, and another to enhance opportunities for...more

5/12/2014 - CW-1 DHS E-3 Employment Authorization Document H-1B H-1B1 Highly-Skilled Workers Visa Proposed Regulation

Non-Immigrant Visa (NIV) Arrival/Departure 5 Year Travel History Now Available Online

Customs and Border Protection (CBP) launched a new webpage on May 1, 2014, that offers nonimmigrants entering the U.S. access to their I-94 arrival/departure record and their arrival/departure history....more

5/7/2014 - Customs and Border Protection FOIA I-9 Non-Immigrant Visas Travel Websites

RFEs for Expiring Medical Exams

Since at least 2004, in response to backlogs in certain preference categories, the U.S. Citizenship and Immigration Services (USCIS) had agreed to extend the validity of the civil surgeon’s endorsement on Form I-693 until the...more

4/30/2014 - Medical Examinations USCIS

Arizona Golf Club Liable for Paperwork Violations on Its I-9 Forms

As regularly reported in the news, the crackdown on employers by the federal government continues. If your company is targeted and I-9 violations are discovered, civil fines for simple paperwork violations – even if no...more

4/23/2014 - Civil Monetary Penalty Employer Liability Issues Hiring & Firing I-9 ICE Policy Violations Required Documentation Training

New 21-Page Citizenship Form Becomes Mandatory on May 5, 2014

We wish to remind you that as of May 5, 2014, the U. S. Citizenship and Immigration Services (USCIS) will no longer accept the previous revision of the Form, N-400, used to apply for U.S. Citizenship. The new form has an...more

4/16/2014 - Citizenship Immigrants USCIS

Is U.S. Deportation Policy Changing?

Following his meeting with three leading members of the Congressional Hispanic Caucus over the number of deportations of undocumented immigrants during his administration, the Obama White House announced, late last week, a...more

3/21/2014 - Deportation

Back to Basics – Choosing the Right Entity for Your Business

There are several different options when forming a business entity. Whether starting a new business or reevaluating an existing one, choosing the right entity structure involves several important considerations including...more

3/13/2014 - Business Formation Choice of Entity Small Business Formation Startups

TPS To Be Extended for Haitian Nationals

USCIS will extend Temporary Protected Status (“TPS”) for eligible nationals of Haiti for an additional 18 months, effective July 23, 2014 through Jan. 22, 2016. Current beneficiaries who wish to extend their TPS status are...more


E-Verify Growth Continues

According to a recent report from USCIS, more than 500,000 companies now use E-Verify. E-Verify is the online service that allows employers to confirm their new employees’ eligibility to work. ...more

2/5/2014 - E-Verify USCIS

Eleventh Circuit Court Holds That Remarriage Does Not Bar Green Card Eligibility for Surviving Relative

In Williams v. U.S. Dept. of Homeland Security, the United States Court of Appeals for the Eleventh Circuit reversed the district court's grant of summary judgment and remanded the case, finding that remarriage does not bar...more

1/22/2014 - DHS Form I-130 Green Cards Marriage USCIS

U.S. Immigration Appeals Office Reverses Denial of L-1B Specialized Knowledge Employment Petition for Marketing Specialist

The L-1 visa is for employees of multinational corporations who wish to come to the U.S. to work for a U.S. parent, branch, or subsidiary corporation. In order to obtain an L-1 visa, you must either be coming to the U.S. in...more

1/8/2014 - Immigrants L-1 L-1B Multinationals Visas

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