Monitoring practical developments in immigration law practice, theVISAGeek™ provides timely and insightful immigration law guideposts

TheVISAGeek™ is a publication of the immigration law firm of Lipson & Pretorius LLP. With over 50 years combined experience, we focus on immigration law for Entrepreneurs, Start-ups, Investors, Business and Research professionals as well as Artists and Entertainers worldwide.

 

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 »

2013 Green Card Lottery – Diversity Visa

No lawyer needed for Diversity Visa! Each year the Department of State makes available 50,000 immigrant visas to qualified applicants from certain countries by way of a lottery through online registration. Visas are allocated to nationals of countries with historically lower rates of U.S. immigration. Nationals of countries who have sent more than 50,000 immigrants… Read more »

J-2 Waiver Age Out

Age-out J-2 waiver – Ask Dept. of State for help! If you entered the U.S. as the dependent child of a J-1 visa holder to whom the 2-year home residence requirement is attached, you, too, will be subject to that 2-year home residence requirement. However, once you turn 21 you will no longer be a… Read more »

PERM and University Recruitment: Print Ad Not Required

Print ad no longer required for university recruitment under special handling PERM certification for university or college teachers. Up until now the Department of Labor (DOL) has refused to keep up with the real world by continuing to require that the centerpiece of university recruitment under the special handling PERM procedures for college or university… Read more »

What Triggers the J-1 Home Residency Requirement?

U.S. government financing of J-1:   Waiver always required – well not really Not all U.S. government financing is created equal. There is a definition of what government financing creates the 2-year home residence requirement of the J-1 exchange visitor visa and it is not all government financing. The financing must be either directly from… Read more »

Immigrant Entrepreneurs – Key to Jumpstarting our Economy

In a Wall Street Journal opinion piece yesterday, two private sector CEOs – Mr. Muller and Mr. Zimpleman – came together to make the case for getting rid of rules that discourage entrepreneurs from launching and growing new businesses. They want to find ways to let entrepreneurs “work their magic.” The CEOs put forth what… Read more »

Green Card Stamp – U.S. Passport

Green card temporary stamp on U.S. passports  – don’t believe what they say! Our two adopted children clients from Angola were approved for their green cards yesterday. This was a very happy event given how difficult it had been to assemble all of the correct documents from Africa. We immediately made an INFOPASS appointment with… Read more »

No Opt-Out: Local Police Defacto ICE Agents

Local control out the window as Feds take over Washington has decided to run roughshod over local and state decisions to opt out of ICE’s (Immigration and Customs Enforcement) Secure Communities Program whereby local law enforcement officials are required to act like ICE agents and turn anyone in on suspected immigration charges. Up until now,… Read more »