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Meaning of “Use of Discretion” for Adjustment of Status, Explained
What is US Policy Manual? The USCIS Policy Manual is the agency’s centralized online repository for USCIS’ immigration policies The USCIS Policy Manual will ultimately replace the Adjudicator’s Field Manual (AFM), the USCIS Immigration Policy Memoranda site,...
Consular Processing of H-1B: Advantages and Disadvantages.
What is H1-B Consular Processing? H1B consular processing means getting an H1-B visa stamp at a US embassy outside of the US. Who is Eligible For Consular Processing? If you are currently in the USA on a visa like F1 or H4, and you also wish to apply for H1B lottery...
An Overview of Proposed Changes to the Selection Process for Cap-Subject H-1B
Background: On April 18, 2017, President Trump issued an executive order that instructed DHS to: "Propose new rules and issue new guidance, to supersede or revise previous rules and guidance if appropriate, to protect the interests of United States workers in...
Pros and Cons of Maintaining a H1-B While You Have Filed for An Adjustment of Status
Background The U.S. Congress allows only a limited number of employment-based green cards to be distributed per year and per country It is based on the country of birth, but not the country of citizenship Hence, for more populous countries such as India and China,...
How to File an “Adjustment of Status” for An Employment-Based Immigration
Who Can Apply for a Green Card? In order to apply for a Green Card, you must be eligible under one of the categories listed below: Green Card Through Family Green Card Through Employment Green Card as a Special Immigrant Green Card through Refugee or Asylee status...
An Overview of ITSERVE ALLIANCE, INC. et al v. SCALIA et al, and Why It Matters!
Background H1-B employers are supposed to pay as per the prevailing wage levels for H1B workers similar to US workers in an area The wages paid to H1B workers are submitted as part of the H1-B Labor Condition Application (LCA)...
EB-2 to EB-3 Downgrade Webinar
With the release of Visa Bulletin October 2020 and the progression of priority dates for Indian nationals under the EB-3 category, many people might be eligible to downgrade from EB-2 to EB-3 and apply for adjustment of status. Join our host, Dobrina Ustun, to...
EB2 TO EB3 DOWNGRADE
EB2 TO EB3 DOWNGRADE | PROS AND CONS EXPLAINED What are the risks, forms and timelines associated with an EB2 to EB3 downgrade? If you are stuck in the EB2 backlog and considering downgrading to EB3 after seeing the recent visa bulletin, here’s how it works....
What You Should Know About Interim Final DOL Rule About Prevailing Wage Amendments
What Is the Broad Purpose of This New DOL Amendment to the Existing Rule? "The Department of Labor (DOL) is amending Employment and Training Administration (ETA) regulations governing the prevailing wages for employment opportunities that United States (U.S.)...
EB-1A Visa Webinar
How extraordinary do you have to be to qualify for a "genius visa"? Find out with the Ustun Law Group as their host Dobrina Ustun presents the EB-1A Extraordinary Ability Webinar. Ustun has extensive experience working with some of the best and the brightest...
Facts About Proposed Changes to “Affidavit of Support” Process
Background : Since December 19, 1997, the Congress has required an alien’s sponsor to sign an affidavit of support under section 213A of the Immigration and Nationality Act (INA) pledging financial support for the sponsored alien in the event the sponsored alien...
Things You Should Know About Filing Concurrent H-1B, and Working for Two Employers.
Can A H-1B Holder Work for Two Employers? New Situation: The COVID-19 pandemic has forced employers and employees to quickly modify work hours and often pay. New work arrangements and reduced pay have left some H-1B workers wondering whether they can work for multiple...
H-1B Transfer Denial 101, and How to Fix IT?
Background President Trump and his allies have been a critic of the H-1B visa, claiming it has been abused by employers and resulted in lower wages for American workers. His Administration has now imposed a temporary ban on visas for foreign workers in an attempt to...
H-1B Prevailing Wage 101
H-1B Prevailing Wage is an important topic in recent times. This blog explains the significance of the prevailing wage, and how to make a guesstimate of prevailing wage for your position.
What Should you Know about the New Rule Which Aims to “Strengthen H-1B Visa”?
Background of This Rule DHS has submitted this rule to OMB as Interim Final Rule This regulation has been on the regulatory agenda for many years It first appeared in Fall 2017 It continued to appear in every other regulatory agenda, since then It was seen in Spring...
When Should I Downgrade From EB-2 to EB-3 ?
Background: If your country of birth is not India or China, you don't have to think about this as all other countries' employment-based green cards can be obtained on current dates. For all employment-based preference categories, please use the Final Action Dates...
What You Need To Know About Biden’s Proposed Immigration Plan
Trump and Biden are diametrically opposite when it comes to their respective immigration policy We will discuss in brief how one differed from the other: The Mantra for Biden's Plan is to revive America as a nation of Immigrants: "Unless your ancestors were native to...
Important Facts: Recent Complaint for Declaratory and Injunctive Relief by Manufacturing, Retail, Business,Tech and a Cultural Exchange organizations Against DHS
Background The United States economy has long been known for groundbreaking innovation American businesses stand at the vanguard of virtually every industry, supplying infrastructure, goods, and expertise to the global marketplace Innovative companies create...
Who Can Qualify for E-1 and E-2 Visa?
What is E-1 Classification? In order to be classified under E-1 nonimmigrant classification, a national should be a citizen of: A treaty country (a country with which the United States maintains a treaty of commerce and navigation Or, which has been deemed a...
Things You Need to Know About Immigration Benefit Request Fee Hike
The Department of Homeland Security announced a final rule (PDF) on July 31st, 2020. This rule adjusts fees for certain immigration and naturalization benefit requests to ensure U.S. Citizenship and Immigration Services recovers its costs of services. The...
Know Your Rights as An Immigrant In USA : Before Attending Any Peaceful Protest.
Can You Protest Peacefully in the USA even if You are Not a US Citizen? According to ICE Spokesperson Danielle Bennett: “U.S. Immigration and Customs Enforcement fully respect the rights of all people to peacefully express their opinions. In light of civil unrest...
EAD and Green Card Delays
Is your EAD or Green Card late? Call your congressional office.
TN VISA 101
What is TN Visa? The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S., and Mexico. As of July 2020, TN visas are being issued under the newly named United States-Mexico-Canada Agreement (USMCA). While NAFTA...
Rule For F1 and M1: Online Classes During COVID19
Why So Many Foreign Students Come to the USA to Get Higher Education? The USA still performs very well in global university rankings, with far more ‘top’ universities than any other country. The ‘best’ American universities are also considered best among global...
Are You Eligible For an O-1 or O-2 Visa?
What is O-1 Visa? O-1 Visa is a non-immigrant temporary worker visa granted by the United States to an alien "who possesses extraordinary ability in the field of sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary...
Who Are Eligible EB-1A or Extraordinary Ability Visa?
Who is Eligible for E-B1 Visa? You may be eligible for an employment-based, first-preference visa: if you are an alien of extraordinary ability An outstanding professor or researcher, or are a certain multinational executive or manager Each occupational category has...
What Counts as Fraud and Willful Misrepresentation?
Overview of Fraud and Willful Misrepresentation: An applicant may be found inadmissible if he or she obtains a benefit under the Immigration and Nationality Act (INA) either through: Fraud; or Willful misrepresentation. Although fraud and willful misrepresentation are...
National Interest Waiver Webinar (NIW) Recording
National Interest Waiver The National Interest Waiver (NIW) is for individuals of exceptional abilities in science, arts or businesses, and advanced degree professionals (M.A., M.S., M.E., M.D., or Ph.D.) or equivalent. Our free webinar will cover various aspects of...
Labor Certification or PERM 101
PERM 101 for the employees and employers to get an estimate of the time and resources required.
How To Handle H-1B RFEs and Denials?
Background: Latest USCIS Data show that the RFE and denial rates still remained significantly high for key employer-sponsored non-immigrant categories in the First Quarter of 2020. There is a difference between denial and RFE. We will talk about H-1B RFEs, Denials,...
Immigration Executive Order Suspending Green Cards
In the last few days, I received hundreds of messages asking about the executive order and its effects on F-1, H-1B, TN, and other non-immigrant visas. In this short video, I tried to answer some of the questions and to provide a bit more information. Hope this is...
Dallas Immigration Court is closed due to COVID-19
The court is currently closed here in Dallas, TX. If you have an appointment in immigration court and you don’t know if you have to be present, please call our office, Ustun Law Group at 469-994-9407, so we can help you determine if you need to present...
COVID-19 and its Impact on H-1B Employees and Employers
Employers across the United States are facing many employment decisions regarding their workforce and operations. Many are implementing closures, work from home policies, furloughs, and closures in order to reduce costs during the COVID-19 slowdown. Employers that employ non-immigrant works holding H-1B status must adhere to additional legal obligations as required by the Department of Labor and USCIS regulations.
“Public Charge” Rule 101
Background The Final Rule, issued in August and originally scheduled to be effective in October, prescribes how DHS would determine whether an alien is inadmissible to the United States based on the alien’s likelihood of becoming a public charge at any time in the...
STEM OPT Cap Gap Extension 101
Purpose of Optional Practical Training (OPT) for F-1 Students OPT provides practical training experience that directly relates to an F-1 student’s major area of study An F-1 student authorized for OPT may work up to 20 hours per week while school is in session and...
Nunc Pro Tunc Usage
What is Nunc Pro Tunc? Nunc Pro Tunc is a Latin phrase which means "Now for then" How Nunc Pro Tunc Can be Used in The Case of Extensions or Status Change Date? A request to change or extend status typically must be filed before the current nonimmigrant status...
What Are the Benefits of EB-1A?
What is EB-1? Employment-Based Immigration First Preference is called EB-1. A foreign national may be eligible for an employment-based, first-preference visa: If they have an extraordinary ability An outstanding professor or researcher A multinational executive or...
Rights and Responsibilities of a Naturalized US Citizens
What is The Importance of the 14th Amendment of the US Constitution The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. Amendment XIV: Section 1 All persons born or naturalized in the United States, and subject to the...
Travel Documents 101 for Immigrants in Transition to Green Card
Winds of Change in USCIS Immigration Requirements U.S. Citizenship and Immigration Services (USCIS) generated a policy memo to update the USCIS Policy Manual to clarify the effect of travel outside the United States by temporary protected status (TPS) beneficiaries...
Significance of Good Moral Character for Naturalization
What is the Immigration and Nationality Act? The Immigration and Nationality Act (INA) was enacted in 1952. The INA collected many provisions and reorganized the structure of immigration law. The INA has been amended many times over the years and contains many...
Look For These Changes On H-1B Visas In 2020
Upcoming Changes On H-1B Visas In 2020 H-1B is often the ticket to immigration for international students, and or high skilled foreign nationals educated abroad who don't have the closest family members living in the USA. It use to be an opportunity for employers to...
H-1B Registration Window Opens from March 1 through March 20, 2020.
What is the Importance of H1-1B Registration? "Under this new process, employers seeking H-1B workers subject to the cap, or their authorized representatives, will complete a registration process that requires only basic information about their company and each...
Things to Remember About the Difference Between CPT vs OPT
NEWS About Fake University and Student Visa Fraud : Since the beginning of this year, Immigration and Customs Enforcement have arrested a total of 250 foreign students at a fake university, reports the Detroit Free Press. You can find more about the news here. In...
Unlawful Presence and Bars to Admissibility
What Counts as "Unlawful Presence" In United States? Unlawful presence is the period of time when an alien is in the United States without being admitted or paroled or when an alien is not in a “period of stay authorized by the Secretary.” The Alien may be...
SaveJobsUSA vs. DHS Update
Background In this action brought under the Administrative Procedure Act (“APA”), Plaintiff Save Jobs USA challenged the Department of Homeland Security’s (“DHS”) promulgation of a final rule allowing certain H-4 visa holders to apply for employment authorization....
What You Should Know About The USCIS Fee Schedule Change Proposal
What is IEFA and How is it Related to Fee schedule? DHS proposes to adjust the USCIS fee schedule, which specifies the fee amount charged for each immigration and naturalization benefit request. DHS last adjusted the fee schedule on December 23, 2016, by a weighted...
Federal Judge of Oregon Issued a Temporary Restraining Order on Implementation of Presidential Proclamation Requiring Health Insurance to Get VISA
News Analysis: Michael Simon, a federal judge of U.S. District Court in Portland, Oregon issued a temporary restraining order on implementation of Presidential Proclamation Requiring Health Insurance for Immigrant applicants. Background: President Trump’s October...
Significance of USCIS’s Clarification of Special Immigrant Juvenile Classification
What is the Special Immigrant Juvenile Classification? According to U.S. Citizenship and Immigration Services: If a person is in the United States and in need of the protection of a juvenile court because they have been abused, abandoned or neglected by a parent, they...
Nightingale v. USCIS: Pending Immigration Records Granted “Class- Action” Status
"Thousands of Immigrants Waiting for Access to Their Immigration Records Granted Class- Action Status" What does that mean? Basis of Litigation: Plaintiffs challenged the systematic delay noncitizens face in obtaining access to immigration case files maintained by...
Asylum 101
Asylum in the United States Modern international refugee protection efforts grew from the ashes of Europe in World War II, bringing together nation-states through the United Nations to offer asylum to refugees uprooted from the war. Every year people come to the...
To speak to a member of our staff and schedule a consultation, please contact our firm at 469-994-9407 today.
Gardere Carter & Associates, PLLC
12700 Hillcrest Rd #125, Unit 126
Dallas, TX 75230
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