Who Gets An Automatic Extension Of Their Right Work?
Most immigration categories that enable you to work are eligible for an automatic extension of your right to work while an EAD renewal is pending. The most notable categories that do not provide automatic extension of work authorization are H-4, L-2, and E-2d. Here is a list of the more common categories and the length […]
Should You Store Your I-9’s Electronically?
The Department of Homeland Security allows employers to store their I-9s electronically. Legislation was first enacted in 2004 with the regulations finalized on July 21, 2010 so that an employer may now store their I-9s electronically. Everything else is becoming automated, why not jump on the bandwagon and do it for I-9s too? Abercrombie & […]
TPS – Venezuela and Burma
Over 320,000 Venezuelans and Burmese currently living in the United States are now eligible to stay and work here for another 18 months. The United States has now designated people from Venezuela or Burma living in the U.S. as eligible for Temporary Protective Status (“TPS”). Moreover, the United States Citizenship and Immigration Services (“USCIS”) has […]
Immigration Options for Foreign Managers and Executives
Let’s say you are the CEO of a top international company and now want to come to the U.S. to oversee a new U.S. branch office that just opened up in San Diego, California. Sounds like a legitimate reason to come to the U.S. but determining the best immigration strategy may not always be easy. […]
My Fiancé is Illegal
Today we tackle one of the most common questions an Immigration Lawyer receives: I am a United States Citizen, my fiancé is illegal. What can I do? If he has entered without any documentation and did not go through a border to be inspected, most likely his case will need to be completed in his […]
DACA Is Restored
DACA is restored! The DACA (Deferred Action for Childhood Arrivals) program has been reinstated as required by a court order issued by a U.S District Court. Following this order, the Department of Homeland Security (DHS) announced that from December 7, 2020 onwards USCIS will now: Accept initial request for DACA by applicants Accept DACA renewal […]
My spouse is illegal
One of the most common inquiries we receive, is someone saying “My spouse is illegal.” or “I want to get papers for my wife.” First off, the proper term for someone who is here without proper immigration status is that they are “undocumented”. Yes, undocumented persons can sometimes obtain documents and become a permanent resident […]
2020 H-1b Cap System
USCIS announced in December 2019 that it had successfully completed pilot testing on their new electronic registration system for the H-1B lottery in 2020. Employers interested in filing H-1B cap-subject petitions for the fiscal year 2021 cap will electronically register for their employees from March 1-March 20. This includes those entering the regular H-1b lottery […]
EVERY CLOUD HAS A SILVER LINING
We’ve all heard the saying that “every cloud has a silver lining”. These calming words have been used for decades to help overcome bad days, rough times, poor decisions… or in the world of immigration, a new administration. When it comes to the current immigration climate, it seems as if we are surrounded by clouds […]
To Fear or Not to Fear the RFE….that is the question
As an attorney, receiving the dreaded Request for Evidence (RFE) makes for a frustrating day. RFE’s can be issued for all types of cases including an H-1b, L-1, O-1, I-140, and I-485. The realization that your perfectly presented argument(s) and supporting evidence were not fully convincing to an adjudicator can be disappointing, but there are different […]
