Breaking News

This category is updated daily on interesting U.S. immigration news pertaining to family immigration, employment immigration and other immigration issues. The updates are meant to quickly keep our readers aware of the ever changing immigration laws and all the related aspects. For more information check our entire website on specific topics. Note that this blog does not cover all aspects of immigration news.

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USCIS Increases Validity of Work Permits to Two Years for Asylum Applicants

Effective October 5, 2016, USCIS has increased the validity period for initial or renewal Employment Authorization Documents for asylum applicants from one year to two years. Applicants with pending asylum claims file Form I-765, Application for Employment Authorization, under category (c)(8). This change applies to all (c)(8)-based applications that are pending as of October 5, 2016 and all such applications filed on or after October 5, 2016.Read More Breaking News

Shah Peerally Law Group PC (SPLG) launches Washington DC office!!!

Washington DC October 6 2016 - By popular demand the Shah Peerally Law Group PC has launched its Washington DC office three months ahead of schedule. The office - located at 1020 16th Street NW - is stationed in the heart of Washington DC two blocks away from the White House and in the vicinity of the United States’ most important institutions including the headquarters of the United States Customs and Immigration Service (USCIS). The office will provide legal services focusing on employment and investment based immigration law and will engage in advocacy…Read More Breaking News

Only around 66,000 out of the 179,000 expected H4 EAD applied

According to an article on Bloomberg BNA by Laura.D Francis, only 37% of those eligible to file for an H4 EAD, did file. "The DHS estimated that as many as 179,600 H-4 spouses would be eligible to apply for work permits during the first year. To date, however, only 66,571 applications have been filed and 58,232 approved, according to figures provided to Bloomberg BNA Sept. 30 by U.S. Citizenship and Immigration Services, the DHS agency that handles the applications. That’s about 37 percent of the eligible population." Unfortunately, this is not surprising based…Read More Breaking News

BALCA Reverses 372 Denials of Labor Certifications

This is a good example how some labor certifications are wrongfully denied. We are very happy that BALCA did reverse those decisions. Matter of Cognizant Technology, Sept. 29-30, 2016- "For the reasons stated below, we find that: (1) the Employer‟s COLA is a wage adjustment and not merely a per diem payment; (2) because the wage is not required to be stated in newspaper advertisements and in additional professional recruitment steps, a denial for failure to state a locality pay adjustment based on § 656.17(f)(3) or § 656.24(b)(2) is not supported by the…Read More Breaking News

Form I-131A Now Available

USCIS has published Form I-131A, Application for Travel Document (Carrier Documentation), a new form that allows lawful permanent residents (LPRs) to apply for a travel document (carrier documentation) if they: Are returning from temporary overseas travel of less than one year, and their Green Card has been lost, stolen or destroyed, or Are returning from temporary overseas travel of less than two years, and their Reentry Permit has been lost, stolen or destroyed. The length of the absence will be measured from the time the LPR departed the U.S. to the time he…Read More Breaking News

State Department Guidance Directive on Prudential NIV Visa Revocations (Sept. 2, 2016)

The Department would like to bring to your attention a policy implemented on  November 5, 2015, which requires consular officers to prudentially revoke (i.e., without  making a determination that the individual is inadmissible) nonimmigrant visas of individuals arrested for, or convicted of, driving under the influence or driving while intoxicated, or similar arrests/convictions, that occurred within the previous five years, as detailed in 9 FAM 403.11-3(A). This requirement does not apply when the arrest/conviction occurred prior to the date of the visa application and has already been assessed within the context of a…Read More Breaking News

Denaturalizing individuals “wrongfully” Naturalized.

DHS Office of Inspector General, Sept. 8, 2016 - Potentially Ineligible Individuals Have Been Granted U.S. Citizenship Because of Incomplete Fingerprint Records USCIS granted U.S. citizenship to at least 858 individuals ordered deported or removed under another identity when, during the naturalization process, their digital fingerprint records were not available. The digital records were not available because although USCIS procedures require checking applicants’ fingerprints against both the Department of Homeland Security’s and the Federal Bureau of Investigation’s (FBI) digital fingerprint repositories, neither contains all old fingerprint records. Not all old records were included in…Read More Breaking News

USCIS Proposes Rule to Welcome International Entrepreneurs

This might be good news for new investors and bringing more jobs to United States citizens. Release Date: August 26, 2016 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States. Read the advance version of the notice of proposed rulemaking: International Entrepreneur Rule. Once the notice of proposed rulemaking is published in the Federal Register, the public will…Read More Breaking News

Policy Alert: Effective Date of Lawful Permanent Residence for Purposes of Citizenship and Naturalization

Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual regarding the effective date of lawful permanent residence for purposes of citizenship and naturalization. Background In general, an applicant for naturalization must be at least 18 years old and must establish that he or she has been lawfully admitted to the United States for permanent residence at the time of filing the naturalization application.1 In addition, a child born abroad may become a U.S. citizen when all conditions have been met including admission as a lawful permanent resident…Read More Breaking News

Successful Change of Status case from H1 to F1 case – Testimonial

One of most trusted lawyer and well-wisher I had ever seen in my life. 1. Prompt response of every question through email without hurting to client. 2. Good guidance. 3. Very Honest, Well experienced and highly professional. 4. Talked always Law point of view. ** Got approval after a long awaited 260 days with one RFE ** I was on H4 & my wife was on H1B My case (H1B to F2 & H4 to F1) was very sensitive and it was very short time to put up my request any attorney at…Read More Breaking News

August 2016 Visa Bulletin is out and bad news for every EB categories!

The August 2016 Visa Bulletin is probably one of the biggest horror stories in years, not only we are not seeing a movement for India, we are seeing retrogression on EB1 for China and India. There is a retrogression on EB2 for all countries of the world . They have also added El-Salvador and Honduras which is also retrogressed. We will prepare our prediction for September 2016 in the coming weeks and unfortunately, it seems we are not going to see good things happening. Let us wait and see!Read More Breaking News

Consulting companies can place STEM OPT students but cannot sign the form I-983

After a clarification from DHS that placement companies also known as consulting companies can actually place students on 24 Months STEM OPT, there is still the question on who or which organization is allowed to sign on form I-983 to obtain the form I-20 OPT and ultimately get a work authorization. This article from the website of "Study in the States" partly clarifies who can actually sign on the form I-983 in such cases.  The DHS is mentioning who should sign he form I-983  when candidates are placed at a third party organization.…Read More Breaking News

H1B in house projects problems!

July 6th 2016 - Lately we have been receiving a number of calls regarding H1B in house projects which were initially approved but now being revoked because after investigation the "in house projects" used to obtain the H1B approvals was defective. We have made this video to alert people on this issue.Read More Breaking News

President Obama has signed into law the FOIA Improvement Act of 2016.

The FOIA, Freedom of Information Act, is often a powerful tool used by immigration practitioners and applicant to actually get the 'files' or documents in custody of the government. FOIA requests which can be obtained by filing the form G-639 from the USCIS website is instrumental especially in cases which have been long pending with the government. By signing the FOIA Improvement Act 2016, President Obama makes it a little easier for applicants and immigrants to have access to their cases. We applaud this new rule of transparency. June 30, 2016 Today, as…Read More Breaking News