BEYOND THE BASICS HR Solutions for US Immigration By David Swaim, a 30-Year Texas Board-Certified Immigration Attorney
USCIS Attacks F-1 International Students (Again!)
F-1 International Students get one year of employment after graduation, called Optional Practical Training (OPT). For STEM graduates (Science, Technology, Engineering and Math) an additional two years of OPT is available. It should be obvious to everyone that the US has a severe shortage of trained people in each of these categories. That is obvious […]
Why Are Some People Being Arrested at Green Card Interviews?
Over the past several months, ICE has arrested hundreds, if not thousands, of people at their green card interview or initial hearing with an Immigration Judge. Why is this happening? ICE has issued a list of reasons which will support such an arrest. Potential reasons for an arrest include: If you fall into any of […]
The Immigration Pause is Not as Bad as it Appears!
Recently, the Department of State (DOS) announced it is taking a “pause” with all immigrant (permanent) visa cases to engage in more intrusive and strict vetting procedures before approval. The new procedure only applies to certain countries on a list which is now common knowledge. What is important about this new program is that it only […]
Important Updates on H-1 Criteria for the Lottery
One of the most far-reaching and important H-1 changes will be seen this year during the H-1 lottery. For the first time since the current H-1 category was created in 1990, USCIS is imposing restrictions on which categories of “professional and highly skilled” employees/job offers will be favored during the selection process. Under the recently […]
More Restrictive Rules and Requirements for “Public Charge” Issues
Both the Department of State (DOS) and the Immigration Service (CIS) have issued new requirements for anyone seeking a visa to enter the US or requesting entry at a Port of Entry (POE). The “Public Charge” rules address the question of whether a person can afford to live in the US, even temporarily. Every visa […]
When is a $100,000 Fee Not a $100,000 Fee?
Most of our readers are now well aware of the new $100,000 filing fee for H-1 cases. This fee is the result of an Executive Order from the President. The Order is illegal, and, as discussed in a previous article about how it violates the Administrative Procedures Act, it almost certainly will be invalidated by […]