H-1B Visa Quota Update: Slow and Steady…

…shows a struggling economy?

Each week the USCIS updates its statistics on how many H-1B visa applications have been received towards the annual H-1B visa cap. Last week’s update showed that 29,000 applications have been received towards the normal H-1B visa cap of 65,000, and 15,800 applications have been received towards the master’s degree cap …

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Premium Processing for EB 1-3 Multinational Executives or Managers

Overview: Currently, premium processing is not available to EB 1-3 visa applicants. However, based on the comments of USCIS, it is expected that premium processing will become available to multinational executive or manager applicants during the first few months of 2012.

What is Premium Processing?: Premium Processing is a process by which the USCIS agrees …

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Deferred Enforced Departure for Liberians Extended Until March 2013

On August 16, 2011, the administration announced that it was extending deferred enforced departure (DED) for Liberians until March 2013. The extension only applies to qualifying Liberians who have resided in the United States since at least 2002. To learn more, visit the USCIS website.

Naturalization Fee is 20x More Than in 1983

Do you know how much it costs someone to file for naturalization? In 1983, it cost $35 to become a U.S. citizen.

Today, it cost most naturalization applicants $680. Talk about inflation!

When A U.S. Citizen Spouse Dies, What Happens To the Immigrant Spouse?

Unfortunately, couples do not get to live together forever. Eventually, death overtakes one and leaves the remaining spouse alone. This time is certainly trying for any widow or widower, and is compounded when a foreign national spouse experiences the death of a U.S. citizen spouse. Many such widows and widowers start asking “what happens when …

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DHS’s New Deportation Policy: Subjectivity Abounds

Last week, the Department of Homeland Security took a (possibly) dramatic step in relieving the ever growing backlog of deportation cases in the immigration court system. The Department indicated that it would terminate proceedings against many of the 300,000 individuals who are currently in removal proceedings. Put simply – they want to terminate action against …

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Expanded List of Degrees Eligible For 17 Month OPT Extension

Early this summer, the administration took the step of expanding the list of degrees that are now eligible for an additional 17 months of optional practical training (OPT).

Normally, foreign national students who graduate from college are given 12 months of OPT – allowing them to work in the United States before securing another form …

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319(b) Expedited Naturalization for Spouses of U.S. Citizens Working Overseas

319(b) Naturalization Overview:

Expedited Naturalization is available to certain spouses of U.S. citizens who are working outside of the United States. INA 319(b) allows for qualifying permanent residents to immediately gain citizenship by taking the oath of naturalization while in the United States.

Who Qualifies for 319 (b) Naturalization?

Expedited naturalization is available to …

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Haitian TPS Pro Bono Clinic

Haitian nationals are reminded that the deadline to re-register for TPS status is August 22, 2011. To help Haitians prepare their applications for re-registration, the Queens Public Library will be hosting a free Haitian TPS Application Assistance Event on Wednesday, August 17, 2011, from 5:30 pm to 8:30 pm.

2010 INA 212(e) Waiver Recommendations

Recently, INA 212(e) waiver statistics were released by the Department of State. The INA 212(e) waiver is required for individuals in J visa status who are subject to the two-year home country requirement. Waivers can be gained due to a variety of reasons, including receiving a no objection statement, exceptional hardship, persecution, and government agency …

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National Interest Waiver for Entrepreneurs

The United States has long been the land of opportunity for ambitious individuals who could make it big with a little bit of smarts, elbow grease and luck. Yet, the United States has no entrepreneur visa. Instead, entrepreneurs are often forced to fit their ambitions into the confines of visa categories that don’t really fit. …

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What Does the Recent Refusal of Visas To Ugandan Little League World Series Team Show About Everyday Consular Processing?

You might have missed it over the weekend, but last week the State Department denied travel visas to members of the Ugandan baseball team that would have been the first African team to play in the Little League World Series. The denials came after the State Department found discrepancies in the team’s documentation. Such discrepancies …

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EB 1 Visa Statistics Released by Immigration Agency

The Immigration Agency (USCIS) in the United States has released its data on EB-1 cases from 2010 and 2011. The data, although not a complete picture of the EB-1 Visa – provides statistics that reflect what many EB-1 Visa Lawyers have been feeling about the category.

For example, statistics show that Requests for Further Evidence …

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Congress Pushed On American Need For High Skilled Immigrants

Last week the U.S. Senate Judiciary Subcommittee on Immigration, Refugees and Border Security held a hearing concerning the state of high skilled immigration into the United States. Although the panel included the normal academic scholars who believe immigration needs to be sharply curtailed, most of the speakers (and all of the business leaders) told the …

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Deadline For Widow(er)s of U.S. Citizens Approaching

Until October 28, 2009, the Department of Homeland Security did not recognize the right of widows and widowers to gain immigration status if their U.S. citizen spouse died during the first two years of marriage.

However, on October 28, 2009, the Department started accepting all “self petitioning” widows and widowers who file within two years …

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