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Immigration Policy Archives

Trump's Immigration Policy Divides Immigrant Families

Attorney General Jeff Sessions' recently announced "zero tolerance immigration policy for illegal entry on our Southwest border" is counter to America's immigration policy favoring family unification because it will ultimately divide more families than unify them.

USCIS Director Announces Pending Changes to the H-1B Visa Program

On April 4, 2018, the Director of USCIS, Lee Francis Cissna, wrote Congress on USCIS' efforts to comply with the April 2017 Executive Order, "Buy American, Hire American." Below is Litwin & Smith's summary of the existing, pending, and proposed changes that have occurred since the Executive Order:

Trump Thumping Continues with H-1B 3rd Party Worksite Policy Memo

This Policy Memorandum (PM) supplements and supersedes preceding 3rd Party Worksite PMs and continues the Trump Thumping of the H1B program to further the Buy American and Hire American Executive Order under the scheme of protecting U.S. workers. The PM compels USCIS officers to request detailed documentation to ensure an employer-employee relationship exists and is maintained while an employee is working at a third-party worksite and encourages the review of prior 3rd party worksite petitions to confirm prior compliance as the location of work may change.

USCIS Form I-131 Denials for travelers on H/L visa outside the US

USCIS Form I-131 Advance Parole is file with an I-485 Application to adjust status to lawful permanent residence. The general rule is that I-131 advance parole requests are denied where the I-485 applicant travels outside the US before approval of the I-131.

Are You A Foreign Entrepreneur Looking To Come To The US? Here Are 13 Ways To Do So

The U.S. is a nation of immigrant entrepreneurs. While immigrants make up 13 percent of the U.S. population foreign entrepreneurs start one in four businesses. How does an immigrant entrepreneur start a business in the U.S. and come to the U.S.? While we do not have an entrepreneur visa, there are many visas for startup founders to create and then run their business. 

How to hire a foreign employee for short-term work in the US

Approximately 140,000 employment-based immigrant visas are made available each fiscal year to international applicants seeking work in the United States. If you want to hire a foreign national for employment in the U.S., the process can seem overwhelming. Determining which forms to fill out, what government agency they need to go to and when can be a struggle if you do not know where to start.

U.S. Citizenship and Immigration Services (USCIS) expanded credit card filing fee payments to 41 most common fee based forms

The credit card payment option is available for the 41 fee-based forms processed at USCIS Lockbox facilities. Applicants may pay by Visa, MasterCard, American Express or Discover by completing Form G-1450, Authorization for Credit Card Transaction (PDF, 260 KB).

Laid Off H-1B Can Change Employer After 60 Days

The I-140 Final Rule updates, improves, and clarifies DHS regulations consistent with policy guidance. The I-140 Final Rule provides that a nonimmigrant visa holder (H, E, L, O, TN) is not considered out of nonimmigrant status solely on the basis that the employment on which the classification was based has ceased, for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter.

The Future of DACA "Dreamers" is Uncertain

Deferred Action for Childhood Arrivals (DACA) is an administrative program that could end by executive order at any time. At this time, we do not know what the future of the DACA program holds. President Trump has pledged to end the DACA initiative. However, he has taken no such action.

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