Immigration Blog

USCIS Provides Needed Guidance on H-3 Nonimmigrant Trainees

The H-3 nonimmigrant visa category allows employers to petition for foreign nationals to come to the U.S. on a temporary basis for up to two years to receive training in a specific field. Considering the current lack of new H-1B visas, the H-3 is a good alternative for certain employers to bring qualified workers to the U.S. Over time, USICS has issued multiples guidances on the requirements to apply for H-3 status. The current guidance consolidates all previous […]

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“Our company,” instead of Employer’s Name, on PERM Notice Proves Insufficient

During the first step of the “green card” process, an employer is required to post a “Notice of Filing” announcing their intent to file a labor certification.  On August 28, 2014, the Board of Alien Labor Certification Appeals (BALCA) held that an employer’s name must be explicitly stated on the Notice of Filing.  In Matter of Tera Technologies, Inc., the employer argued that it complied with the regulations, because it used the phrase “our company” on its notice and that […]

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CBP Launches New App

The U.S. Customs and Border Protection (CBP) announced the launch of an new App, Mobile Passport Control (MCP), intends to expedite traveler’s entry process.  MCP will allow eligible travelers to submit passport and customs declaration information via a smartphone or tablet before CBP inspection.  A pilot program at Hartsfield-Jackson Atlanta is underway. It is expected to expand to other airports later this year.  For more information, please click here.

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OSC Weighs in on Employer Over- Documenting on the Form I-9

In a request for guidance, OSC advised that it is not aware of any publicly available guidance on steps an employer should take if they accepted too many documents during the I-9 process. OSC noted that an employer may violate the anti-discrimination provision of the INA if it requests more or different documents than required, or rejects “reasonably genuine-looking documents.” Whether a violation occurs depends on the reason for the request. To read the OSC’s guidance, […]

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New Visa Processing Fees

If you are applying for a nonimmigrant or immigrant visa in September, please check the new processing fee schedule. On September 12, 2014, visa application fees for certain visas changed. Fees will not be adjusted for those who have already paid.  All visa applicants must pay the amount in effect the day they pay, with the exception of Immigrant Visa application processing fees paid to the National Visa Center (NVC), which will be effective as of […]

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New USICS Memo on H-1B Petitions for Nurses

Twelve years after the last USCIS policy memorandum (PM) on the adjudication of H-1B visas for nurses, this past July USCIS issued a PM which supersedes prior guidance. The PM is intended to assist USCIS officers in determining whether a nursing position meets the definition of a “specialty occupation.” The PM notes that the private sector “is increasingly showing a preference for more highly educated nurses” and as a result, in some situations, a petitioner […]

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