USCIS

Child Status Protection Act – Adjusted Age Calculation Clarified

The Child Status Protection Act (CSPA) was passed in 2002 to protect children from aging out of lawful permanent residence status before their application is reviewed. The Immigration and Nationality Act defines a child as an individual who is under 21 years of age and is unmarried, and while the CSPA does not change this …

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Maintenance of Status and Grace Periods for Nonimmigrant Workers

Foreign nationals in the United States must maintain their status and lawful presence to remain compliant with U.S. immigration laws. Many nonimmigrants in the United States have an employment-related immigration status for them to perform a specific job and legally remain in the country. When nonimmigrants with employment-related status have their employment terminated, there may …

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Public Charge Final Rule

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 …

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H-1B for Computer Programmers

The Immigration and Nationality Act allows an employer to petition for an H-1B visa on behalf of an alien beneficiary if the alien beneficiary will be working in a “specialty occupation.”  To qualify as a “specialty occupation” a job must require “theoretical and practical application of a body of specialized knowledge and attainment of a …

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Unlawful Presence for Students

Introduction The start of a new academic year will bring thousands of foreign nationals to the United States to study at one of the nation’s many rigorous academic institutions.  The United States derives many benefits from allowing foreign nationals to study at its colleges and universities, including but not limited to, diversified classroom discussions and enriched collegiate …

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Third-Party Worksites

Introduction An H-1B work visa is appropriate if two primary conditions are met. First, an employer must be able to demonstrate its need for a qualified worker to fill a specialty occupation. Second, a valid employer-employee relationship must exist throughout the duration of the H-1B visa residency.  For a more detailed discussion of the first …

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Employers Impacted By Immigration Changes In Trump’s First Year

The January 30, 2018 State of the Union became another chapter in President Trump’s ongoing campaign for America to serve its own needs and its people first.  Embodying this ideology, President Trump declared that, “we will follow two simple rules: Buy American and Hire American.” During his first term, those two simple rules have dramatically …

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Applying for a Fee Waiver

Overview The U.S. Citizenship and Immigration Services (USCIS) receives a substantial portion of its funding through application fees but these fees can be a substantial barrier to certain foreign nationals and permanent residents, or green card holders. The USCIS recognizes the potential hardship and offers a fee waiver for certain application fees if an individual …

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