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Immigration Law Associates, PC

Articles Categorized: Citizenship

H-1B Fiscal Year (FY) 2012 Cap Season

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The H-1B Program U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. For more information about the H-1B program, click here for H-1B Specialty Occupation Visa. How USCIS Determines if an H-1B Petition is Subject […]

The Naturalization Process and Exceptions to the Residency Requirements

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Lawful permanent residents may apply for naturalization provided they meet certain eligibility requirements. Naturalization is the process of becoming a United States citizen. To be eligible for naturalization, the Immigration and Nationality Act provides that applicants must meet certain residency requirements. The Act requires applicants to reside in the United States continuously as lawful permanent […]

Devastation in Japan: Immigration Relief for Japanese Nationals

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By Elizabeth Veit The recent earthquake and tsunami in Japan have devastated the island. While citizens search for their loved ones they must also grapple with the threat of nuclear meltdown, loss of electricity, and shortage of food and water. These are but a few of the immediate concerns the country will struggle with in […]

Egyptian Women Protesters Forced To Take ‘Virginity Tests’

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From Amnesty International Amnesty International has today called on the Egyptian authorities to investigate serious allegations of torture, including forced virginity tests’, inflicted by the army on women protesters arrested in Tahrir Square earlier this month. After army officers violently cleared the square of protesters on 9 March, at least 18 women were held in […]

Summary of the April 2011 Visa Bulletin – Family-Based (FB)

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Below is a summary of the April 2011 Visa Bulletin with respect to family-based petitions: FB1ROW, China and India move backwards by eight (8) months to May 1, 2004.  FB1 Mexico moves forward by two (2) weeks to February 15, 1993. FB1 Philippines moves forward by three and a half (3.5) months to April 1, […]

What is the Status of Backlogged 21,000 Family Based Petitions (I-130)?

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Due to a huge backlog in processing pending I-130 petitions in November 2010, USCIS transferred approximately 36,000 I-130 petitions from their California Service Center to their Texas Service Center. USCIS hoped that this redistribution of work would result in more timely adjudication of these petitions. However, according to USCIS, due to a number of unforeseen […]

New Law Removes Fiancée Visa Entry Bar to Adjustment

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Finally, the Board of Immigration Appeals has come up with a solution for those who entered as K1 fiancées and then had their marriages break up.  I have had these situations myself where the spouse then was not eligible to adjust status based on a marriage to anyone else, even after having had a conditional […]

USCIS to Review its H1B Cap Exemptions for Non-profits

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From USCIS.gov USCIS announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with […]

New MPI Report Proposes Targeted Administrative Actions to Advance Goals of the U.S. Immigration System

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The Migration Policy Institute, 3/15/2011 While sweeping reform to fix a U.S. immigration system widely acknowledged as broken has taken a backseat politically, opportunities exist within the executive branch to improve the ways in which the nation’s existing immigration laws and policies are administered. A new report by the Migration Policy Institute (MPI), Executive Action […]

PERMs and FEIN Numbers

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The Board of Alien Labor Certification Appeals (BALCA) held that the submission of the employer’s business licenses that list its FEIN and match the number provided on the labor certification was sufficient to establish that the employer is a bona fide entity. (Matter of Michael Gorham Racing Stable, 3/9/11) AILA Doc. No. 11031025.