Estrada on The Bill and Kali Show to Discuss Immigration Policy and Law
Alfredo Estrada Partner with Burke Costanza & Carberry LLP visits with us about changes in immigration policy and law Alfredo Estrada Partner with Burke Costanza & Carberry LLP visits with us about changes in immigration policy and law Posted by The Bill and...
H-1B Cap Season Considering Change in Policy on F-1 Unlawful Presence
The change in policy on determination of unlawful presence for foreign students will have an impact on the H-1B cap season. The August 9, 2018 USCIS Policy Memorandum results in the accrual of unlawful presence depending on the date of the status violation....
Massive Proposed Modifications to Public Charge Definition by USCIS
Likely At Any Time To Become A Public Charge? The Immigration and Nationality Act (INA) allows the U.S. Citizenship and Immigration Services (USCIS) and the State Department to determine that an immigrant visa or adjustment applicant is inadmissible if the applicant...
Change in Accrual of Unlawful Presence for F, J, and M Nonimmigrants
Effective August 9, 2018 Effective August 9, 2018, USCIS will change its policy on the determination of unlawful presence for foreign students, vocational students and exchange visitors who were admitted or are present in the United States for duration of status....
H-1B Level 1 and Level 2 Wage Scrutiny Anticipated for Fiscal Year 2019
Employers sponsoring potential employees for an H-1B specialty occupation work visa this April should be cognizant of the wage level offered to ensure a successful filing. Last year the H-1B program narrowed its focus on whether sponsored employees were offered wage...
Inconsistent Conduct within 90 Days of Entry – A Revision to the Foreign Affairs Manual (FAM)
On September 1, 2017, the Department of State (DOS) updated the Foreign Affairs Manual (FAM) with new guidance to consular officers regarding the interpretation of “misrepresentation” for purposes of determining whether a foreign national has, by fraud or willfully,...
Enhanced Security Measures Tailored to Each Country Under the Travel Suspension
Yesterday, President Trump released new measures to Section 2 of Executive Order 13780 for enhanced national security. The new measures are aimed at creating minimum requirements for foreign countries to support visa and immigration vetting and adjudications for...
Exceptions to Fraudulent / Preconceived Intent – 30/60/90 Day Rule
Immediate relatives of United States citizens are afforded certain advantages under immigration law. Most foreign nationals who come to the United States and apply for an adjustment of status or change of status are subject to the 30/60/90 – day rule…
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