USCIS Provides Guidance at EB-5 Stakeholder Meeting

On June 30, 2011 USCIS held a stakeholder meeting to address issues regarding the EB-5 program. USCIS published a series of Questions and Answers related to the meeting. The meeting addressed multiple issues including the use of escrow accounts in Regional Centers, lawful sources of funds, and indirect job creation. A presentation was also provided […]

BIA Holds K-2 Derivative May Adjust Status After 21

In Matter of Le, 25 I. & N. Dec. 541 (BIA June 23, 2011), the Board of Immigration Appeals (BIA) held that a K-2 derivative child of a nonimmigrant fiancÃ©(e) visa (K-1) holder may be eligible for adjustment of status where the K-1 holder married within 90 days of entering the United States and the […]

USCIS Issues Public Charge Fact Sheet

USCIS has issued guidance on what public benefits trigger public charge grounds of inadmissibility. USCIS stated that the following benefits trigger public charge consideration: Â· cash assistance for income maintenance includes Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and state or local â€œgeneral assistanceâ€ program Â· public assistance, including Medicaid, used to […]

Department of State Invalidates 2012 Diversity Visa Lottery

On May 13, 2011, the Department of State (DOS) issued notification to applicants for the 2012 Diversity Visa that lottery selections were invalidated. DOS stated that due to computer error, the results did not represent a fair random selection. New selection results are expected to be announced July 15, 2011. The DOS issued a FAQ […]

USCIS Questions and Answers on Employment Eligibility Verification

Key changes made in the new rules prohibit acceptance of expired documents, allow for acceptance of I-551 stamps inside of passports, prohibits acceptance of certain older documents including I-688, 688A, and I-688B, and establishes requirements for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI). Links to the […]

USCIS Clarifies Issues Regarding Agents as O Visa Petitioners

On March 24, 2011, USCIS Service Center Operations Directorate (SCOPS) and the Office of Public Engagement (OPE) held a stakeholder teleconference concerning the issue as agents acting as O visa petitioners. The O visa classification is a nonimmigrant (temporary) visa for individuals of extraordinary ability in the science, arts, education, business, or athletics or who […]

H-1B Teachers Awarded $4.2 Million from Maryland School District

The Department of Labor Wage and Hour Division ordered Prince Georgeâ€™s County Public Schools to pay $4.2 million in back wages to 1,044 H-1B workers who were required by the school district to pay the fees and costs associated with H-1B filing. The fees and costs illegally reduced the H-1B employees wages below the required […]

USCIS to Issue EAD and Advance Parole in Single Document

On December 21, 2010, USCIS issued a policy memorandum advising that USCIS would be issuing employment authorization and advance parole to adjustment of status applicants on a single document. Advance parole will now be issued on the employment authorization card. Related Links Policy Memorandum, Issuance of Advance Parole Employment Authorization (Dec. 21, 2010). About the […]

In Matter of Sesay, 25 I&N Dec. 731 (BIA 2011), the Board of Immigration Appeals (BIA) held that a K-1 fiancÃ©(e) visa holder may be granted adjustment of status under INA Â§ 245(a) if the applicant entered into a bona fide marriage within the 90 day period after entry. In a case where adjustment of […]

USCIS Issues Interim Guidance on H-1B Cap Exemptions

USCIS announced it will give deference to prior determinations made since June 6, 2006 that an entity qualifies as an exempt nonprofit. Petitioning entities may demonstrate affiliation be providing a copy of previously approved cap-exempt petition and previously issued approval notice since June 6, 2006. USCIS has also advised that petitioners include an attestation that […]