Articles by Dana Rifai
The Newest Sweeping Suspension on Immigration
While immigration suspensions seemed to be a temporary salve against the COVID-19 outbreak, much longer suspensions became effective with President Trump’s newest proclamation issued on June 22, 2020. The entry of certain employment-based nonimmigrants seeking...
Change in H-1B cap-subject work visa application procedure
https://www.facebook.com/bcclegal/videos/713904845804206/?v=713904845804206 Hi Friends, I’m here to tune you in to a change in the cap-subject H-1B work visa application procedure. Rather than opening the H-1B application pool on April 1st, USCIS has now implemented a...
News Alert: H-1B Electronic Registration Requirement & Lottery Selection Alteration
On January 31, 2019, the Department of Homeland Security announced a final rule: revising how cap-subject H-1B petitions are selected in the random lottery by United States Citizenship and Immigration Services (USCIS); andimplementing an electronic registration...
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....
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....
The I-9 Completion Guide
The I-9 form is of common use to the human resources professional, and although it may seem deceivingly simple, it is easy to improperly complete the form resulting in a violation to the employer. This article provides simple tips to ensure proper and thorough...
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...
Rifai Honored to be Commencement Speaker at Valparaiso University
On Sunday, December 10, 2017, Dana Rifai will be delivering the commencement speech to the Valparaiso University graduates. Rifai, a partner at Burke Costanza & Carberry LLP, grew up in Valparaiso, Indiana and also received her law degree from Valparaiso...
What is the RAISE Act?
The purpose provided by the Act’s supporters is to protect American workers, taxpayers, and the American economy by creating a merit based system to prioritize the most highly skilled immigrants. The RAISE Act has not been enacted, so only time will tell what effect the Act will have on immigration.
What are the Effects of the Presidential Executive Order on the Immigration Country Ban?
People can be exempted if visiting someone with whom they have a close familial relationship as determined by the U.S. Department of State. If a refugee meets the criteria they cannot be excluded from entry, even if the 50,000 cap has already been reached or exceeded. Even if nationals from the designated countries do not qualify, they may be…