H-1B Visa Update: H-1Bs Still Available

Each year, the H-1B visa has a quota of 65,000. Because of the limited number available, the USCIS does not begin accepting applications for the visa until April 1st of each year. Currently, the USCIS has received only 20,500 applications towards the allowed 65,000. Additionally, the USCIS has received only 12,800 applications towards the 20,000 …

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What Steps are In the Adjustment of Status Process?

Many foreign nationals who are married to U.S. citizens (and who are living in the United States) are eligible to adjust status and gain permanent residency in the United States. However, not too many of these individuals know the process for completing the process. They do not know the steps to the marriage visa and …

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Immigration Myth: H-1B Visas Grant Permanent Residency In the United States

While listening to the general debate that is being had throughout the United States, it is surprising to hear so many correspondences and interlocutors imply that the H-1B visa gives a foreign national permanent residency in the United States. If you asked a normal American whether the H-1B visa granted permanent residency in the United …

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Syrian Consulate Closed. Syrian Asylum Applications Possible?

Given the recent and ongoing violence that is occurring in Syria, it is no surprise that the U.S. government has closed down its consular processing services at the U.S. consulate in Syria until further notice. Applicants who would normally use the Syrian consulate are instructed to use another U.S. consulate.

For those Syrians in the …

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Monthly AAO Processing Times Report

The USCIS has issued its AAO processing times report for July 2011. AAO stands for Administrative Appeals Office and is the part of the immigration agency that reviews appeals to certain immigration decisions made by the immigration agency. A few of the more popular immigration categories are listed below (along with the processing time):

K-1 …

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Does Marrying a U.S. Citizen Automatically Give You Citizenship?

True or False?

Does a foreign national automatically gain citizenship by marrying a U.S. citizen?

FALSE. Many potential clients approach family immigration lawyers thinking that as soon as a couple gets married, all of the foreign national’s immigration problems will disappear. Unfortunately, this is not the truth. A foreign national who marries a U.S. citizen …

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Latest EB-5 Visa Statistics

The USCIS has announced the following statistics concerning the EB-5 visa for investors. The EB-5 visa is a permanent investor visa that allows an applicant and his or her immediate family to gain permanent residency through the investment of between $500,000 and $1 million. This investor visa offers two unique processes to gain the status …

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E-2 Visa Interviews At Vancouver, Canada Consulate

The E-2 Visa allows for foreign nationals from certain countries to come to the United States to set up a profitable company, and to remain in the United States on a renewable, nonimmigrant visa. A unique condition of the E-2 visa process is that the visa is almost always obtained at U.S. consulates abroad. Canadian …

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What Are The Steps in the Fiancee Visa Process?

The K-1 Visa (Fiancee Visa) Process is easily misunderstood and underestimated by many K-1 couples. They simply do not realize the many steps that are necessary for the process – and the length of the process. The following is meant to provide a general outline of the K-1 fiancee visa process. For a more detailed …

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Dairy Farmers Fined 2.7 Million For I-9 Violations

The Immigration & Customs Enforcement (ICE) agency has announced that a Michigan diary farm and its owners have been fined $2.7 million for violating immigration laws by employing unauthorized workers. Over a period of about ten years, the farm employed about 70 unauthorized workers who provided false names and social security numbers. The owners apparently …

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DOL Updates Foreign Labor Certification’s Online Wage Library

The Department of Labor (DOL) has updated it’s Foreign Labor Certification Data Center’s Online Wage Library. The Online Wage Library is used in many employment-based immigration cases, including the H-1b visa. The wage library provides average salaries for workers throughout the country, and is broken down by metropolitan area, employment position, and experience . If …

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USCIS Naturalizes 24,000 During July 4th Week

In a grand gesture of patriotism, the USCIS conducted 24,000 naturalizations over the July 4th weekend. The naturalizations were held throughout the United States and the world and included many immigrants who are serving in the armed forces.

The naturalizations were accomplished through 350 ceremonies, including at Independence Hall in Philadelphia; the Jimmy Carter Library …

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Comprehensive Immigration Reform Act Introduced (Again)

Another comprehensive immigration reform bill was introduced into Congress. The bill includes many different facets, including components of the DREAM Act, the AgJobs, and many enforcement provisions. Unlikely to go forward, it provides insight into the current thinking of Congressional leaders. If any immigration reform occurs this Congress, expect small, specific reforms.

The bill is …

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K-2 Visa Holders Do Not Age Out – Board of Immigration Appeals Rules

The Board of Immigration Appeals (BIA) has recently ruled that a K-2 visa holder who had been under 21 when he entered the United States could adjust status – even after turning 21.

In the case, the K-2 visa holder entered the United States with his mother when he was 19 years old. Within a …

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BIB Republishes NYC Immigration Attorney’s Best and Brightest Article

Bender’s Immigration Bulletin has reprinted an article that New York City Immigration Attorney Chris Gafner wrote concerning how to improve America’s ability to attract the best and brightest immigrants. The article, originally published in the Fordham Urban Law Journal, examines how other countries attract the best and brightest, how the current U.S. system for attracting …

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