The Department of Homeland Security (DHS) is reportedly considering new regulations that would limit the ability of H-1B workers who are in the lawful permanent residence (LPR) process to obtain an extension of their H-1B status beyond the usual six-year limit of authorized stay pursuant to AC21 (The American Competitiveness in the 21st Century Act). […] Read more..
The most recent issue of New York Law School Magazine features information regarding the establishment’s high-profile work in immigration law and features their network of alumni who lead in all areas of this critical and ever-changing field. BMK immigration attorneys Alexis Axelrad and Deborah Norkin are highlighted within the issue. You can view it here. Read more..
There has been an uptick of RFEs being issued by United States Citizenship and Immigration Service (USCIS) under the Trump administration. RFEs, or Requests for Evidence, refer to a formal request by the United States Citizenship and Immigration Service (USCIS) requiring employers to provide additional evidence related to the petition they filed on behalf of […] Read more..
USCIS has issued updated policy guidance this week which directs officers to apply the same level of scrutiny when adjudicating both initial petitions and extension requests. The updated policy guidance applies to virtually all nonimmigrant classifications filed using Form I-129. Previously, officers were to give deference when a petition had been approved and an extension […] Read more..
The Department of State closed the Diversity Visa (DV) entry period for Fiscal Year 2019 which began on October 3, 2017 due to a technical issue. Entries which were submitted between October 3, 2017 and October 10, 2017 are not valid and the Department of State has excluded these entries from the lottery system. However, […] Read more..
On October 8, 2017, the United States suspended all nonimmigrant visa services at U.S. diplomatic facilities in Turkey. The United States aims to reevaluate the security of its U.S. Mission facilities and personnel during the suspension. The suspension has been implemented for an indefinite period of time. In response, the Turkish Ministry of Foreign Affairs has suspended […] Read more..
The U.S. Citizenship and Immigration Services (USCIS) in collaboration with the Social Security Administration (SSA) have established a new information-sharing partnership allowing for foreign nationals in certain categories to apply for work authorization and a Social Security number using an updated Form I-765. Previously, to lawfully work in the United States, applicants in certain categories […] Read more..
Each year, employers file H-1B petitions on behalf of Applicants during the first week of April for a proffered start date of October 1. However, this year, an added hurdle has slowed the H-1B adjudication process. As recently reported by Reuters, data shows that USCIS has issued 45% more Requests for Evidence (RFEs) for H-1B petitions […] Read more..
What is EB-5? The EB-5 Program, launched in 1990, has been stimulating the U.S. economy by offering Conditional Permanent Residence to immigrant investors who create jobs for U.S. workers. The program has undergone many seismic shifts since its inception, which, combined with lengthy processing timeframes, has caused confusion and misinformation regarding the program to spread. […] Read more..
Yesterday, Congress reached a deal with the White House that, once passed at some point this September, would extend existing funding levels and other program authorizations (such as EB-5) included on the last “continuing resolution” (“CR”) through 12/8/17. The EB-5 authorization comes in Section 105 text of the deal released yesterday which: Continues all authorities, requirements, […] Read more..