by Cyrus D. Mehta* The concept of unlawful presence, and the penalties accompanying those who step into “unlawful presence” territory, was introduced in the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The United States Citizenship and Immigration Services (USCIS) issued on May 6, 2009, a voluminous Memo consolidating all of its prior […]
Headlines: 1. USCIS Updates Progress Toward H-1B Cap – USCIS has received approximately 45,700 H-1B petitions toward the H-1B cap for FY 2010. 2. USCIS Announces Extension of J-1 Entry Date for International Medical Graduates to Qualify for "Conrad 30" – The date by which international medical graduates must have been granted J-1 nonimmigrant status […]
by Cyrus D. Mehta* The Department of State Visa Bulletin for June 2009, http://travel.state.gov/visa/frvi/bulletin/bulletin_4497.html, notes that the India Employment-Based Second Preference (EB-2) has retrogressed to January 1, 2000. The Employment-Based Third Preference (EB-3) for all countries of the world continues to remain unavailable. The June Visa Bulletin also states that the demand for numbers, primarily […]
by Adam Ketcher* To adjust his or her status to lawful permanent resident under section 245(a) of the Immigration and Nationality Act (“INA”), an individual must show the Service,1 or an Immigration Judge,2 that s/he has been admitted to the United States following inspection (or parole) by and authorization from an immigration officer,3 that […]
byCora-Ann V. Pestaina* Today, foreign nationals seeking permanent resident status in the U.S. through employment, face increasingly dwindling options. For many U.S. employers, sponsorship of a foreign national is less of a priority, or even a possibility, as they struggle to weather the continuing economic downturn. More often than not, even those individuals fortunate enough […]
Headlines: 1. H-1B Cap Not Yet Reached, USCIS Announces – The agency continues to accept petitions subject to the general cap. 2. DOL Announces New LCA/PERM Labor Cert Electronic Application System – ‘iCERT’ is a new electronic system for submitting the labor condition application (LCA) and the application for permanent labor certification. 3. DOL Extends […]
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by Cyrus D. Mehta* The State Department’s Visa Bulletin for May 2009, available at http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html, indicates that the Employment-Based 3rd Preference (EB-3) for all countries will become unavailable on May 1, 2009. Similarly, the Unskilled “Other Worker” category within EB-3 will also become unavailable on May 1, 2009. Therefore, those who are beneficiaries of approved […]
byCyrus D. Mehta* As prospective students to the US are thinking of applying for a student visa at an overseas US consulate, it is important to take note of a helpful Department of State advisory that was sent to consulate posts worldwide, Students and Immigrant Intent, Cable, DOS, 05-State-180015 (Sept. 28, 2005) (“DOS Advisory”). The […]
CDMA Update: The good news is that the USCIS did not receive more than the allotted number of H-1B visas under either the 65,000 H-1B cap or the 20,000 Master’s cap as of April 7, 2009, which was the last day of the 5 day filing window. This window would allow all H-1B petitions received […]
