212(a)(6)(C)(i) Fraud or Misrepresentation Inadmissibility Series INA 212– Part I 212(a)(6)(C)(i) Fraud or Misrepresentation Section 212 of the Immigration and Nationality Act of 1952 lists a series of classes of foreign nationals who are inadmissible to the United States. Some classes are complete bars and others allow specific types of waivers of inadmissibility. If you … Read more
Political Asylum – Part I Spotlight: India I’m going to introduce a new segment to my blog readers. Many current and potential clients contact me or my office to discuss whether or not they have a legitimate claim to asylum in the United States. I am going to start a series on this blog to … Read more
The maximum duration for status as an H1B visa holder is six years. Any time spent in L status or other H status such as H2B or H4 visa status is included. Normally, a foreign national who wishes to hold H1B visa status beyond the six year maximum is prohibited unless he or she spends … Read more
EB1 Extraordinary Ability – Part I In continuation of our ongoing segment of national interest waiver approvals, we’re going to discuss another type of self sponsored residency applications. The EB1 Extraordinary Ability carries both a higher standard of approval and a higher priority for approved applicants. For Indian and Chinese nationals, an EB1 application means … Read more
National Interest Waiver – Part II In continuation of our ongoing segment of national interest waiver approvals, we’re going to discuss another previously approved case. In this matter, the applicant was an Indian national but unlike today, the EB2 category was current for Indian nationals, and we could file an NIW application and there was … Read more
National Interest Waiver – Part I I’m going to introduce a new segment to my blog readers. Many current and potential clients contact me or my office to discuss whether or not they can qualify for certain applications like the national interest waiver. I wrote one previous entry describing the typical qualifications for our NIW … Read more
Greg Richardson, Acting Director of the Nebraska Service Center (NSC) held a question and answer conference with AILA regarding requests for expediting biometrics and advance parole. Due to processing guidelines mandated by USCIS Headquarters, the NSC is unable to expedite biometrics and advance parole because the filings that were made to the NSC had to … Read more
Nanny and Domestic Worker Immigration Options
Under 8 CFR 214.2(o)(2)(i) and 8 CFR 214.2 (p)(2)(i), O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S agent. Both the O and P regulations provide that if the beneficiary employee will work concurrently for more than one employer within the same … Read more
PERM labor certification processing remains abysmally slow at the the Department of Labor. The DOL recently touted a6% improvement (11% to 17%) in PERM adjudications without 6 months of filing. This means that the DOL is now able to issue a decision (approval or denial) in 17% of cases within 6 months. The vast, vast … Read more