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Immigration law news on visas, greencard and citizenship. Find how to get US visas, green cards and citizenship. Immigration CLE Seminars for Lawyers. Immigration Law Books for Attorneys.

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  • Article: Changes to the H-1B Application Process You Need to Know About By Sheila Danzig

    Changes to the H-1B Application Process You Need to Know About by Sheila Danzig USCIS has announced that starting in 2020, H-1B petitions will be filed in a new electronic manner that streamlines the process. Between March 1st and March 20th, 2020, employers must register online to submit H-1B employees’ names into a lottery. Through an electronic selection process, beneficiaries chosen will be given a registration number, through which they can submit full H-1B cap-subject petiti...
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  • Article: Nuts and Bolts for Sponsoring H-2A Temporary Agricultural Workers: What U.S. Employers Need to Know By Joseph Barnett

    Nuts and Bolts for Sponsoring H-2A Temporary Agricultural Workers: What U.S. Employers Need to Know by Joseph Barnett With the U.S. government cracking down on undocumented immigration, the U.S. agricultural industry has turned towards the recruitment of seasonal foreign workers under the H-2A Temporary Agricultural Program.  The H-2A nonimmigrant visa classification is for a worker “having a residence in a foreign country which he [or she] has no intention of abandoning wh...
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  • Article: Eb-5 Visa Fraud Claim Dismissed With Prejudice By Peter J. Biging & Jennifer H. Feldscher

    Eb-5 Visa Fraud Claim Dismissed With Prejudice by Peter J. Biging & Jennifer H. Feldscher Mona Shah & Associates Global, a corporate immigration law firm headquartered in Manhattan, won a dismissal with prejudice in New York Supreme Court, bringing to rest a highly publicized lawsuit that had alleged legal malpractice, fraud, and breach of fiduciary duty in connection with the plaintiff’s...
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  • Article: H-2A Temporary Agricultural Workers – What U.S. Employers Need to Know About On-Going Obligations By Joseph Barnett

    H-2A Temporary Agricultural Workers – What U.S. Employers Need to Know About On-Going Obligations by Joseph Barnett A U.S. employer who files an application for temporary foreign labor certification pursuant under the H-2A visa program must meet many specific conditions, including those concerning recruitment, wages, housing, meals, transportation, workers’ compensation insurance, tools and supplies, certification and recruitment fees, labor disputes, and other conditions.  These...
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  • Article: Mandamus Lawsuits on Delayed EB-5 Adjudications By Joseph Barnett

    Article: Mandamus Lawsuits on Delayed EB-5 Adjudications By Joseph Barnett

    Mandamus Lawsuits on Delayed EB-5 Adjudications by Joseph Barnett Writ of mandamus lawsuits against U.S. Citizenship and Immigration Services (“USCIS”) are en vogue, and for good reason:  as of December 2, 2019, the estimated time range to process a Form I-526 petition has skyrocketed to 31.5 months to 52 months, and online case inquiries are only accepted for petitions filed before September 7, 2015.  This is just wrong, and a travesty to those who have invested at least $500,000 and ...
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  • Article: Challenging H-1B Denials in Federal Courts: Trends and Strategies By By Hun Lee and Stephen Yale-Loehr 1 *

    Challenging H-1B Denials in Federal Courts: Trends and Strategies by By Hun Lee and Stephen Yale-Loehr 1 * Introduction The denial rate for H-1B petitions has quadrupled over the past few years, increasing from six percent in fiscal year (FY) 2015 to twenty-four percent in FY 2018. [1] After President Trump issued his “Buy American and Hire American” executive order in April 2017, [2] U.S. Citizenship and Immig...
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  • Article: S.2603, The Relief Act, In The Season Of Hope; Two Proposed Regulations Likely To Become Law; December Visa Chart Movement And Prognostication; Stockwell Lives By Alan Lee, Esq. 

    S.2603, The Relief Act, In The Season Of Hope; Two Proposed Regulations Likely To Become Law; December Visa Chart Movement And Prognostication; Stockwell Lives by Alan Lee, Esq. 1. S.2603, The Relief Act, in the season of hope. S. 2603, the Resolving Extended Limbo for Immigrant Employees and Extended Families (RELIEF) Act is the best hope for equitable expansion and distribution of immigrant visa numbers. The bill (introduced by Senators Dick Durbin (D-Ill.) and Patrick Leahy (D-Vt.) on October 16, 2019)would eliminate ...
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  • Article: Guatemala:  Final in the Series on the Mexican and Central American Repatriation Processes and Arguments of Relocation in U.S. Immigration Hearings By Robert Kirkland

    Guatemala: Final in the Series on the Mexican and Central American Repatriation Processes and Arguments of Relocation in U.S. Immigration Hearings by Robert Kirkland Introduction: Similar to the previous articles on the repatriation process in El Salvador, Honduras and Mexico [1] , this article looks at the Guatemalan repatriation process and how that government tracks its citizens. In immigration hearings, the U.S. government regularly asserts that respondents who are threat...
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  • Article: What happens after the Petitioner dies? By David H. Nachman, Esq. and Ludka Zimovcak, Esq.

    What happens after the Petitioner dies? by David H. Nachman, Esq. and Ludka Zimovcak, Esq. The loss of a loved one brings immense struggle and tragedy within a family. However, when that loved one filed an I-130 petition on behalf of a relative, it can be even more of a hardship because their death causes the petition to be automatically revoked. Fortunately, USCIS allows for family members to still benefit from these petitions so long as they fal...
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  • Article: 25 Years After The Passage of California's Proposition 187: The Beginning of the Political Transformation of California By Kevin Johnson

    25 Years After The Passage of California's Proposition 187: The Beginning of the Political Transformation of California by Kevin Johnson Friday, November 8, 2019   1994:  California Governor Pete Wilson's television advertisement for Proposition 187   2019:  Message to Governor Pete Wilson from California's Latino Caucus Although many today consider California to be a pro-immigrant haven, the state has a long history of anti-immigrant outbursts.  Attack...
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