Immigration Policy and Legislative Initiatives

Obama aims to lure more foreign tourists

President Obama’s recent executive order to increase tourism to the U.S. by expediting and simplifying the tourist visa application process is a step in the right direction. The goal is to fuel the economy and create jobs. “The more folks who visit America, the more Americans we get back to work,” says Mr Obama. International… Read more »

EB-5 investor Program: Favorable Climate

USCIS re-emphasizes thoughtful and careful adjudication of applications to further the program’s purpose to promote the immigration of people who can help create jobs for U.S. workers through their investment of capital into the U.S. economy In this environment of job scarcity, USCIS has promised to focus its resources on investment/entrepreneurial visas to beef up… Read more »

Proposed Waiver Rule – Good For Families

The newly proposed waiver rule could save years of waiting overseas – if it actually gets adopted. The proposed rule would allow spouses and children of U.S. citizens to apply for the waiver PRIOR to departing the U.S. to apply for the green card overseas. On January 6, 2012, U.S. Citizenship and Immigration Services (USCIS)… Read more »

NIW Supporting Evidence: Citations are key

For a winning NIW petition, the number of citations in quality journals is more important than the number of publications. On November 21, 2011, the Administrative Appeals Office (AAO) of the Immigration Service sustained an appeal of a National Interest Waiver (NIW) case out of the Texas Service Center.  This case involved a postdoctoral research… Read more »

Entrepreneur Visa: Leadership needed

USCIS Director Alejandro Mayorkas is quoted today as being supportive of making the immigration process more entrepreneur friendly, but his front line adjudicators are not getting the message, as noted in our previous post .  As stated at VentureBeat, “I believe that Alejandro is serious in his intent and genuinely wants to fix the problem. The… Read more »

Entrepreneurial H-1B and L-1A visas: Not

Entrepreneurial H-1B and L-1A visas: Delays in processing; no more H-1Bs for this fiscal year The Obama Administration has publicly declared a policy of encouraging foreign entrepreneurs to create startup companies to foster job growth. In fact, at the end of this summer the Department of Homeland Security Secretary Napolitano and United States Citizenship and… Read more »

Switching from H-1B to F-1 visa status

We recently were informed of a young soon-to-be graduate student who quit her H-1B job in June while waiting for her change of status application to be approved for a start date in graduate school in September of that year. USCIS issued her a Request for Evidence asking for her most recent paycheck stubs. Current… Read more »

H-1B specialty occupations: Expect an RFE

H-1B specialty occupations for small business – expect a Request for Evidence (RFE) In its arsenal of tools aimed at keeping out foreign workers, USCIS is now pushing back on H-1B petitions filed for small business claiming that the position is not for a specialty occupation which requires a specialized program of academic study because… Read more »

Illegal Immigration, Then vs. Now

Illegal immigration as debated by Reagan and Bush – what a difference 30 years makes! During the 1980 debate between Republican presidential candidates Ronald Reagan and George H.W. Bush, one of the questions posed was eerily similar to the one posed to Gov. Rick Perry in Orlando in September, 2011. The issue has not changed. Our… Read more »

National Visa Center: Document Translations Needed?

National Visa Center (NVC) immigrant visa documents – to translate or not to translate, that is the question! And the answer is to translate every document you present to the NVC into English despite what is written on the NVC website. In terms of civil documents, the NVC is requesting originals or certified copies either… Read more »