Immigration Blog

The Future of Immigration Reform

With the 2016 elections focused on national issues, our elected officials and candidates should have an incentive to work to enact immigration reform for the betterment and competitiveness of our country.  The President has indicated that he might take Executive Action  but has not offered details on what that might be.  It is expected that he might expand Deferred Action.  Republican leaders have acknowledged that they will work to enact bipartisan bills.  One item remains clear […]

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USCIS Launches myE-Verify for Employees

myE-Verify is described as a “one-stop shop” for employees to open and manage a personal account giving them access to employment-related identity protection services. It is currently equipped with these services: 1) myE-Verify accounts – a free personal account to manage use of one’s information in E-Verify and Self Check; 2) Self Lock – allows individuals to place a “lock” on their social security number (SSN) to help prevent unauthorized use of their SSN by […]

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Unique Knowledge of Traditions and Cultures Supports L-1B Approval

In Fogo De Chao  v. DHS, the Appellate Court reversed the USCIS’ decision to deny an L-1B petition and held that the knowledge a person gains as a result of his or her upbringing, family, community traditions and native culture can be considered “specialized knowledge” in determining whether a person qualifies for L-1B status.  In this case, the employer, Fogo, filed a petition on behalf of a Brazilian churrasquero, a restaurant employee with specialized knowledge in Brazilian […]

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Optimized Processing of L and TN Visas at the Border

U.S. Customs and Border Protection (CBP) has designated 14 ports of entry for optimized processing of Canadian TN and L visa applications, including preclearance locations as Lester B. Pearson International Airport in Toronto and Vancouver International Airport in Richmond, B.C. Applicants are not required to use these designated ports. However, it is expected that officers at these locations will have additional training on these visas resulting in more efficient and accurate adjudications.  For a list […]

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Can the Beneficiary of an I-140 Petition Challenge its Revocation?

According to a decision by the 11th District Court of Appeals (DCA), the answer is Yes. This is an important decision because USCIS’ revocation of an I-140 may lead to the denial of the beneficiary’s application for adjustment of status (AOS) and typically the beneficiary does not receive notice of the I-140 revocation. In this case, the beneficiary had an approved I-140 filed by his employer. In August 2007, he applied for AOS.  In April […]

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Military Accessions in the National Interest – A Direct Path to Citizenship

The Military Accessions Vital to the National Interest (MAVNI) program has been renewed through 2015. The program allows certain branches of the U.S. military to hire legal non-immigrants, such as international students and those granted deferred action, whose skills are deemed vital to the national interest.  Vital skills include fluency in certain high-priority languages – from Albanian to Yoruba – or holding certain medical degrees such as dentists, surgeons, psychiatrists and other health professionals. An Army’s study of […]

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