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Administrative Changes Will Create Opportunities for Startups

As we recently reported, on November 20, 2014, the President announced a series of executive actions broadly covering immigration law. One such action relates to the implementation of a parole system for inventors,...more

12/17/2014 - Barack Obama Inventors Obama Administration Startups Visas

Beware of Haitian Family Reunification Parole Program Scams

In October, U.S. Citizenship & Immigration Services (USCIS) announced that it would implement the Haitian Family Reunification Parole Program (HFRPP) beginning in early 2015. The program will help unify families and promote...more

12/16/2014 - Family Reunification Haiti USCIS

Original Civil Documents No Longer Required in Immigrant Visa Applications

The National Visa Center (NVC) has advised that, as of November 12, 2014, it will no longer require the submission off original civil documents in immigrant visa applications. Instead, only photocopies of supporting...more

11/17/2014 - NVC Required Documentation Visas

I-751 Applications Transferred from Vermont Service Center to California Service Center

U.S. Citizenship and Immigration Services (USCIS) reported that Forms I-751, Petitions to Remove the Conditions on Residence, filed with the Vermont Service Center have been transferred to the California Center. This was...more

11/10/2014 - I-751 Immigrants USCIS Visas

H-1B Legacy Records No Longer Available

As part of a review and approval process that took place last summer, the National Archives and Records Administration (NARA) approved a new record retention schedule submitted by the Office of Foreign Labor Certifications...more

10/24/2014 - Document Retention Policies H-1B Immigration Records National Archives

Supreme Court Will Hear Two Immigration Cases in 2015

The U.S. Supreme Court announced this month which cases it will hear in the coming year. Two of such cases are immigration cases that could have significant implications on immigration law depending on how they are ultimately...more

10/20/2014 - Consulate Criminal Records Department of State Illegal Drugs Immigration Judicial Review Kerry v Din Mellouli v Holder SCOTUS USCIS Visas

BIA Holds Florida Burglary Not a Categorical CIMT

The Immigration and Nationality Act (INA) contains provisions that render a non-U.S. Citizen individual inadmissible, or removable/deportable under certain circumstances, if he or she has been convicted of a Crime Involving...more

10/7/2014 - BIA Burglary Deportation Immigrants Immigration and Nationality Act

National Visa Center Cases Delayed for 60 days

Due to a recent increase in immigrant visa petitions approved by U.S. Citizenship and Immigration Services (USCIS), the National Visa Center (NVC) is experiencing a rather significant backlog. The NVC has issued notices to...more

10/6/2014 - Immigrants NVC USCIS Visas

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

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