Visas

News & Analysis as of

The Other EB Visa for Foreign Investors? EB-1(c) Visas as an Alternative to the EB-5 Visa

Overview - I have written a few articles regarding the over-promotion of the EB-5 visa program from the standpoint that frequently the foreign investor’s desire for a Green Card is over-zealous before considering all of...more

NVC Errors Continue

The National Visa Center (the “NVC”) recently issued letters to immigrant visa applicants indicating that termination proceedings have been initiated. The affected individuals subsequently received e-mails from the NVC...more

H-1B Alternative Series: Flexibility in Foreign Trade and Treaty Visas

Our series exploring alternatives to the H-1B continues with foreign trade and treaty visas. Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery? Is your client from one of the 79...more

Immigration Law for Startups: Prime Visa Options

This is the second in a three-part series that provides guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas,...more

International Custody in Relation to the Kelly Rutherford Custody Trial

International custody has come to the forefront recently with the custody battle raging between United States actress Kelly Rutherford and her ex-husband, German businessman, Daniel Girsch, over the physical custody of their...more

The New L-1B Adjudications Policy, Effective August 31

The recently issued U.S. Citizenship and Immigration Services (USCIS) final policy memorandum on L-1B visas clarifies the requirements for a sponsoring multinational organization transferring international personnel to the...more

Africa Update - August 2015 #4

Leading the News - South Sudan: On August 25th, a panel of United Nations (U.N.) experts monitoring U.N. sanctions on South Sudan released a report disclosing evidence that South Sudanese solders raped children,...more

A HYPOTHETICAL: Testimony of a U.S. Business Owner Before the U.S. House of Representatives Subcommittee on Immigration and Border...

Mr. Chairman, I’m pleased to provide my testimony today as a follow-up to previous appearances before this committee. I’ve testified on two other occasions to explain the need for a more certain and predictable way to attract...more

U.S. Work Visas for International Startup Entrepreneurs: Plan Well, Know Your Options

The best way to ensure compliance with immigration regulations is to plan as far in advance as possible and to know when it is necessary to obtain a visa. ...more

Saudi Arabia update - August 2015

Legal Developments - Expatriate Workers Restricted from Certain Job Categories - As part of Saudi Arabia’s ongoing Saudization campaign, the Ministry of Labor (MoL) identified this month 19 jobs that are restricted...more

USCIS Finalizes New Guidance on L-1B Specialized Knowledge Petitions

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a final Policy Memorandum on L-1B visa adjudications (L-1B Memo). The L-1 (intracompany transferee) nonimmigrant visa classification permits...more

Obergefell Expands The Number Of Individuals Potentially Eligible To Apply For Immigration Benefits

Obergefell effectively expands the number of individuals who would be eligible to submit immigration applications on behalf of a same-sex spouse because same sex marriage is now legal across the country, rather than in a...more

Immigration Law for Startups: Best Practices

This is the first in a three-part series that provides guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas,...more

USCIS Final Guidance on L-1B Adjudications Offers Some Comfort—But No Cure—for Employer Concerns

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum aiming to clarify the standard required for L-1B specialized knowledge visas. The memorandum notably begins by reminding...more

Immigration Corner: Time to Get Simeio-Compliant, Faster H-1Bs, a Permanent Resident Card Refresher and Increased Security...

United States Citizenship and Immigration Services (USCIS) has now published a final policy memorandum designed to bring employers into compliance with the ruling in Matter of Simeio Solutions, LLC and to assess whether H-1B...more

H-1B Alternatives Series: The little known but useful B-1 in lieu of H-1B

Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery? In a series of posts we will explore alternatives to the H-1B. The B-1 visa category traditionally permits foreign individuals...more

Treat Your Immigration Goals Like You Treat Your Finances – Plan, Plan, Plan

Whether you are an employer or an individual – when it comes to your immigration goals it pays to look at all of your options. Everyone takes their financial picture seriously — from the simplest budgeting of having to live...more

Work Program for Foreign Students: Changes are in the Offing After a Federal Judge Curtails the Program

On August 12, 2015, a federal judge in Washington D.C. ruled that the Department of Homeland Security (DHS) improperly enacted a 2008 rule extending “Optional Practical Training” (OPT) for eligible foreign students in STEM...more

Federal Court Rules on OPT Extension

On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for...more

Federal Court Ruling Puts STEM OPT Extension in Jeopardy

On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for...more

U.S. Visa Categories Leave Entrepreneurs Few Options

Many of Julie Ferguson’s immigration law clients are entrepreneurs seeking to launch startups in the United States. They come from all over the world, but Ms. Ferguson, who practices in Miami, sees especially high numbers...more

District Court Vacates F-1 STEM OPT Rule and Provides DHS With Six Months to Cure Defect

On Wednesday, August 12, 2015, U.S. District Court Judge Ellen Huvelle of the District of Columbia vacated the Department of Homeland Security’s (DHS) 2008 rule allowing F-1 students in the U.S. with college-level degrees in...more

Extension of post-graduation OPT for STEM students on F-1 visas invalid

On August 12, 2015, in the case of Washington Alliance of Technology Workers v. Department of Homeland Security (DHS), the Federal District Court for the District of Columbia held that a 2008 DHS interim final rule extending...more

September 2015 Visa Bulletin: Major Retrogression for EB2 China and India

The U.S. Department of State has published the monthly “Visa Bulletin” for September 2015. The Visa Bulletin is a government publication, the primary purpose for which is to provide an updated waiting list for immigrants that...more

Department Of State Releases September 2015 Visa Bulletin

Cutoff dates for EB-2 China and India retrogress to January 1, 2006. Cutoff dates for EB-3 China, India, and the Philippines advance to December 22, 2004....more

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