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.

 

Form I-94 Elimination Marks Big Change for US Visitors

Incoming visitors will no longer need to fill out Form I-94 United States Customs and Border Protection (CBP) is now moving forward with its plans to eliminate the Form I-94, Arrival/Departure Record that has always been the hallmark of stateside immigration status. Given the central role of Form I-94 in documenting proper admission and maintenance… Read more »

Deferred Action Guidelines for Undocumented Children

In 2012 the Department of Homeland Security stated that certain undocumented youth who came to the United States before turning 16 years old who meet several key requirements as outlined in this article, may apply for “deferred action” that is currently valid for a period of two years. It is important to note that deferred… Read more »

Immigration Reform—Small Steps Forward

As repotted by ABC news, tinyurl.com/b7es78w , the bi-partisan group of Senators knows as the “Gang of Eight” have taken steps towards provided a framework for immigration reform. As provided by the gang of eight: “Our legislation acknowledges these realities by finally committing the resources needed to secure the border, modernize and streamline our current legal immigration… Read more »

What controls the length of my stay in the U.S., my visa stamp or I-94?

I have often seen this extremely important question arise as a result of what I believe to be unclear instructions and explanations given to individuals when they present themselves at U.S. Consulates or at ports of entries such as airports when entering the U.S.  The misunderstanding arises when individuals believe that the validity dates indicated on… Read more »

H-1B Entrepreneur Visa Pathway Clarified at USCIS Portal

USCIS has partially clarified the pathway for entrepreneurs to surmount the employer-employee relationship barrier that owners/founders face Ever since the infamous Neufeld memo was released in January, 2010 restricting the definition of the employer-employee relationship in the H-1B context, USCIS has been making life in the U.S. almost impossible for entrepreneurs seeking to apply their… Read more »

STEM Visa Update: No joy in 2012

STEM legislation fails in the US Senate and another opportunity for enlightened immigration reform is lost Roughly 55,000 immigrants would have received green cards if Congress had approved a Republican bill that would have created additional visas for educated and skilled immigrant workers in science, technology, engineering and math (STEM). The U.S. House of Representatives… Read more »

Immigrant Entrepreneurs Helped by New Portal

Entrepreneur in Residence Program offers glimmer of hope to foreign national entrepreneurs seeking permanent residence We have received several inquiries and previously blogged about the USCIS Entrepreneurs in Residence (EIR) program and what impact it might have on foreign national entrepreneurs seeking a green card through investment. The EIR initiative was first announced on October… Read more »

Outstanding Professors/Researchers in the Humanities Face Unique Challenges

The USCIS citation-based approach for evaluating EB-1 Outstanding Professors/Researchers in scientific and technology fields puts humanities professionals at a huge disadvantage For all EB-1s, once the professor/researcher  has met the initial burden of proving two out of the required six criteria for the first Part of the claim of international recognition, the evidence must then… Read more »

J-1 US Government Funding: Consular Officers Make Mistakes

Which J-1 programs carry U.S. government funding that triggers the 2-year home residence requirement? As you know, the 2-year home residence requirement attaches to certain J-1 visas where the program is financed in part or in whole by either the exchange visitor’s government or the U.S. government. The classic example is the Fulbright program which… Read more »

EB-2 Green Cards Available Again (Except India and China)!

To Our EB-2 Advanced degree PERM/NIW clients Excellent news that we have all been waiting for!! EB-2 for all countries except India and China will be current for green card/immigrant visa processing starting on November 1, 2012. That means that all EB-2 self-petitioning NIW applicants who have already filed their NIW I-140 petition AND all… Read more »