Immigration Blog

The Virtual Wall Preventing Legal Immigration

Greetings! Did you feel uncertain, frustrated, or overwhelmed by immigration matters last year? 2018 and 2017 have been years of immigration chaos and transformation. While the physical wall has yet to materialize, we face a virtual wall made of requests for evidence, unjustified denials, roadblocks, and bureaucratic burdens. As we look ahead, we share tips on what we have done and must do to overcome these challenges. A key part of overcoming challenges is starting […]

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What Must We Do to Overcome the Costly Stream of Changes to Legal Immigration?

We’ve all faced the onboarding delays, uncertainties, and emotional roller coasters during the current adjudication process. We’ve also experienced the relief, happiness, and positive momentum from a case approval. As I look at what’s in store for us in 2019, it appears that our government will continue to add bureaucratic burdens to redefine legal immigration. Here are a few things we expect to happen in 2019 and what we must do to overcome them. Selected […]

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Ongoing Instability for International Students

For the first time in many, many years, the number of international students and scholars at US universities declined. This decline is attributed to various factors. Uncertainty about visa policies. Instability about OPT and CPT options. And yes, the United States being a less welcoming place to foreign students under the Trump presidency. Many new immigration policies make it difficult to recruit talented students and scholars to American campuses. This is also impacting US employers’ […]

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Want to Know What to Expect for Your H-1Bs in 2019?

A reversed lottery. Massive registration pre-filing. Visas for the highest paid. Be aware! The Department of Homeland Security’s latest regulatory agenda includes some big potential changes for H-1B visas. And they didn’t stop with those mentioned above. There may be changes to work authorization for certain spouses. New definitions for “specialty occupation” and other key terms. Restricted access to court. And more! The lottery may no longer be random. And we don’t know what it […]

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Expect More Form I-9 Audits: Are You Ready?

A client who received an ICE visit recently said to me, “Giselle, I don’t want to see them here again. How can we best prepare?” As promised in October of 2017, throughout this year employers have experienced a ramping up of I-9 audits and ICE (Immigration and Customs Enforcement) visits. These audits have been carried out against employers both large and small. ICE has stated that it wants employers to expect I-9 audits to be […]

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An Arbitrary, Capricious, and Unlawful H-1B Extension Denial

Despite significant evidence that an Assistant Project Manager was a specialty occupation which required at a minimum a bachelor’s degree and sophisticated knowledge of construction systems, advanced project scheduling, cost estimation and analysis, information systems, and supply chain management, USCIS arbitrarily and unlawfully denied an employer’s H-1B extension petition. The employer is a major commercial construction company attempting to maintain its US-based workforce to continue to deliver projects of vital importance in the transportation, health, […]

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