The United States Citizenship and Immigration Services (“USCIS”) will approve Form I-765, Application for Employment Authorization, for certain H-4 dependent spouses of H-1B workers. For dependent spouses to qualify for employment authorization, the H-1B spouse must...
Topic: Immigration Articles
Advice to Employers upon Termination of an H-1B Employee
H-1B employers have certain obligations upon termination of an H-1B worker. Termination occurs when wages and benefits, as reflected in the H-1B employee’s Labor Condition Application (“LCA”), are no longer being paid or offered. Typically, this would be the day the...
E-3 Specialty Occupation Visa for Australians
For Australian college students or professionals looking to work in the U.S., the E-3 visa offers a significantly preferable option to the H-1B. To qualify for an E-3 visa, an applicant must demonstrate that: S/he has a legitimate offer of employment in the United...
Entering the United States: CBP Inspection of Travelers
All travelers to the United States, including United States citizens, permanent residents, and nonimmigrants (temporary visa holders), are “inspected” by a U.S. Customs and Border Protection (CBP) officer upon entry to an airport or land border admission point....
How to Freeze a Child’s Age through CSPA
Unmarried children under the age of 21 may immigrate with their parents as “derivative beneficiaries” under certain immigrant visa categories. Problems arise, however, when a child of the petitioner ages out of this eligibility before his/her parents’ immigrant visas...
Form I-924A: Practical Considerations for EB-5 Regional Centers November 2017 Update
On August 24, 2017, USCIS held a webinar on changes to Form I-924A. A full recording of the webinar may be downloaded at: https://millermayer.boxcn.net/s/54sx5qhynei6k20yhmq4poa5vm6e8p6n. The webinar presentation is available at:...
Impact of The Trump Administration’s Decision to Terminate DACA
On September 5, 2017, Elaine Duke, Acting Secretary of the U.S. Department of Homeland Security (“DHS”), issued a memorandum rescinding the Deferred Action for Childhood Arrivals (“DACA”) program. The DACA program, instituted in 2012 under the Obama administration,...
Expansion of In-Person Interview Requirements for Certain Permanent Residency Applicants
On August 28, 2017, USCIS made an announcement stating that they will begin to “phase-in” interviews for employment-based cases effective on October 1, 2017. The announcement stated that “adjustment of status applications based on employment”—i.e., categories EB-1...
Miller Mayer’s Steve Yale-Loehr Quoted re Bill to Slash Immigration in Half
Miller Mayer immigration attorney Steve Yale-Loehr was quoted in an August 2, 2017, article in the Financial Times about the RAISE Act, a new bill that would slash immigration in half. "It's going to be very hard to get through Congress. Immigration is just as...
TN Visa Requirements for Registered Nurses
Application Overview To qualify for admission to the United States as a Registered Nurse in the TN (NAFTA Professionals) category, a Canadian or Mexican national must meet the following requirements: Hold a valid Canadian or Mexican passport. Hold a state or...
