BEYOND THE BASICS HR Solutions for US Immigration By David Swaim, a 30-Year Texas Board-Certified Immigration Attorney
The US State Department and AILA Announce Changes to Nonimmigrant Visa Applications
Once form DS-160 has been submitted to the US State Department, it cannot be “reopened†to make changes. However, both the US Dept. of State and AILA have announced ways in which changes can still be made to applications before they get to an Officer at the US Consulate: For either option, if the original […]
The USCIS Has Now Reached FY2023 H-1B Cap
USCIS announced it has received sufficient petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for FY2023. However, USCIS will continue to accept and process petitions that are exempt from the cap. See more details in the PDF below: […]
“Dual Representation” in U.S. Employment-Based Immigration Law
An immigration attorney who files employment-based immigration cases represents both the petitioning employer and the employee beneficiary. This concept is known as “dual representation.†This dual representation implicates two fundamental principles in the attorney-client privilege: Loyalty: Attorneys have a duty of loyalty to their clients, and when an attorney represents multiple clients in the same […]
New L-1 Rules Announced in the USCIS Policy Manual
We have received new rules for the L-1 intracompany transferee. The highlights are listed below. Hopefully, these rules will force USCIS to follow the Immigration and Nationality Act, which they have not been doing lately. General Qualifications of the Employer and Employee To qualify for L-1 classification in this category, the employer must: · Have a qualifying […]
USCIS Updates Policy to the Benefit of People with TPS
Last month, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert noting that it is updating its Policy Manual to address a longstanding issue for individuals in the U.S. with Temporary Protected Status (TPS). The issue is whether a TPS beneficiary who leaves the U.S., after receiving prior authorization to travel and return, […]
Be Careful Using EB-1 and EB-2 NIW Cases for a Fast Work Permit
Despite the truly awful information swirling around the internet, the process to obtain an employment-based green card is fraught with danger that may leave the beneficiary in a worse position than before the case started. Here is the normal fact situation that we see in real-life: For a variety of reasons, we may not want […]