Crewmember (D) and Transit (C-1) Visas

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Crewmember (D) and Transit (C-1) Visas (November 4, 2021)

Crewmember (D) visas are nonimmigrant visas for workers aboard international airlines or commercial sea vessels in the United States. Crewmember (D) visas are for individuals who provide services required for normal operation and intend to depart the United States on the same vessel (or any other vessel) within 29 days. Traveling to the United States to join the vessel you will work on requires, in addition to a crewmember (D) visa, a transit (C-1) visa or a combination C-1/D visa. It is worth noting that attempting to apply for a green card and changing immigrant status directly from a C-1/D visa is not a possibility.

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What is DACA?

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What is DACA? (April 23, 2021)

On June 15, 2012, the secretary of the Department of Homeland Security under the Obama administration announced a new immigration policy known as Deferred Action for Childhood Arrivals (DACA). This policy allows certain people who came to this country as children to request consideration of deferred action for a period of two years, subject to renewal. Those that qualify are also eligible for work authorization. However, it must be noted that DACA does not provide lawful status and does not establish a pathway to residency and citizenship.

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Overview of F-1 Student Status

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Overview of F-1 Student Status (November 30, 2020)

International students who plan to attend an academic program or English language program at a U.S. college or university may do so by obtaining an F-1 Visa. To maintain their status, F-1 students must take a full course of study each term. Students on F-1 Visas may remain in the U.S. for up to an additional 60 days beyond the length of time it takes to complete their academic program. If necessary, international students may request an extension of stay through the U.S. Citizenship and Immigration Services (USCIS). Students may also remain in the U.S. after completing their academic program if they are approved to stay and work under a practical training program. A visa interview is required to determine whether an international student is qualified to receive an F1 student visa. Once approved, F-1 students may enter the U.S. no more than 30 days before the start date of their course of study.

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PERM Labor Certification

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PERM Labor Certification (October 2, 2020)

PERM Labor Certification is the process in which foreign nationals, in preference categories EB-2 and EB-3, can obtain an employment-based immigrant visa (Green Card). Before an employer can petition on behalf of a foreign worker, the employer must first obtain an approved Labor Certification from the Department of Labor (DOL). Labor Certification is submitted by using ETA Form 9089. Labor Certification is the primary tool for the government to assess employment-based immigration cases. A successful Labor Certification will prove that there is a shortage of able, willing, qualified, and available US workers for the occupation in which the foreign worker is applying, and that the employment of the foreign national will not adversely affect the wages and the working conditions of US workers in the area of intended employment.

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Making a False Claim to U.S. Citizenship

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Making a False Claim to U.S. Citizenship (May 15, 2020)

Individuals who are not U.S. citizens but who hold themselves out to be U.S. citizens may be subject to severe legal consequences, such as being placed into removal proceedings with little prospect of being eligible for relief or waiver.  Falsely claiming to be a US citizen has been a grave offense under U.S. immigration law and even more so since September 30, 1996 with the passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA).  Under this law, any foreign national who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose is inadmissible. Foreign nationals in this situation will be subject to removal and discretionary waivers will generally be unavailable, unless the foreign nationals are able to qualify for asylum or some other relief, such as cancellation of removal.

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You Have Been Scheduled for a USCIS Interview, Now What?

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You Have Been Scheduled for a USCIS Interview, Now What? (April 6, 2020)

There are some details to which we still need to pay extra attention in order to ensure a successful interview with USCIS.  The most important thing to remember is to give yourself credit for whatever journey you have taken to arrive at this moment and to be prepared to share your relevant life experiences with the immigration officer.   You will also need to remember to remain truthful throughout the interview process.  There is never any need to over-embellish, nor should you withhold relevant information from the officer, even if it is not positive information.

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Sexual Orientation as a Social Group

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Sexual Orientation as a Social Group (March 6, 2020)

Since the early 1990’s, LGBTQ has been recognized as a legitimate social group eligible for asylum protection under the Immigration and Nationality Act. Therefore, in the face of persecution, an applicant may qualify for asylum or refugee status, provided they are able to establish that the persecution suffered or feared was or will be motivated as a result of his or her actual or perceived status as a member of the LGBTQ social group. This article provides information on the factors considered when determining whether or not an applicant qualifies for asylum.

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Public Charge Final Rule

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Public Charge Final Rule (February 7, 2020)

UPDATE: As of February 24, 2020, the public charge rule has been implemented nationwide after the Supreme Court stayed the limited state-wide injunction in Illinois against the Department of Homeland Security.  At the same time, the Department of State also began implementing its amended public charge rule, and visa applicants from abroad should prepare Form DS-5540 ahead of their visa interview in case the consular officer requests it.

Under the Final Rule, the Department of Homeland Security (“DHS”) that oversees USCIS is determining whether an individual already in the United States is “likely at any time to become a public charge,” in other words, more likely than not at any time in the future to receive one or more of the designated public benefits for more than 12 months within any 36-month period. Inadmissibility will be determined by looking at the factors established in 8 CFR 212.22.

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New H-1B Registration Process and Practical Tips

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New H-1B Registration Process and Practical Tips (February 3, 2020)

It is no secret that the H-1B application process has undergone a number of changes over the last year, including a switch to a fully electronic registration, paying a registration fee, and changes to the lottery system. This article gives an update of what we know up to this point as well as tips for applying as successfully as possible.

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