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I had the pleasure and honor to speak on a panel about EB-1 and EB-2 permanent residence categories at the annual Northwest American Immigration Lawyers Association Conference held in Portland on February 20-21, 2014. My co-panelist, Matthew McClellan from Oregon, covered the three main subcategories in the employment based First Preference (EB-1): "extraordinary ability" foreign nationals, outstanding researchers and professors, and multinational managers and executives. I covered EB-2 … [Read more...]
Immigration and Firm News
February 22, 2014 by ·
February 12, 2014 by ·
USCIS has released some new instructional videos to help employers and their employees properly complete Form I-9s at time of hire. Since the passage of the Immigration Reform and Control Act of 1986 (IRCA), it has been the law every employer must document on Form I-9 the work permission status of employees hired since November 6, 1986. The law applies to the hiring of US citizens as well. Employers are subject to audit (Notices of Intent to Inspect) that can result in fines for failure to … [Read more...]
February 6, 2014 by ·
On February 6, 2014, USCIS posted it's latest statistics about the Deferred Action for Childhood Arrivals (or DACA) program. This program was created by President Obama in his administrative discretion not to deport certain young people who came to the US before they were 16. DACA applicants for the most part would have benefited from the DREAM Act if Congress had ever enacted it into law, which it never did. As of December 31, 2013, USCIS has received 611,000 applications since DACA started … [Read more...]
February 5, 2014 by ·
It's that time of year again when human resources professionals should be finalizing offers for "specialty occupation" positions they plan (or hope) to fill with foreign nationals who need H-1B visas. The filing season for fiscal year 2015 will open up again on April 1, 2014 for jobs that can begin starting October 1, 2014, the start of the government's next fiscal year. Applications for H-1B workers who are subject to the annual cap will not be accepted before April 1; therefore, they need to … [Read more...]
January 15, 2014 by ·
On January 14, 2014, the US State Department (DOS) announced a new policy change (that will also be followed by the US Department of Homeland Security (DHS)) regarding immigration status of children born abroad through Assisted Reproductive Technology (ART). This is an important change for family immigration benefits that reflects the government's acknowledgment - finally - that families are created in more high-tech and socially different ways in the 21st century. In addition, ART affects … [Read more...]
January 15, 2014 by ·
USCIS has announced that it will provide certain relief for Filipino victims of Typhoon Hiyan that struck the Philippines on November 8, 2013. Many people were hoping that the Attorney General would declare the Philippines eligible for Temporary Protected Status (TPS) treatment authorizing those Filipinos in the US as of November 8, 2013 to apply for a special status and work authorization as has been done historically for other countries such as Somalia, El Salvador, Haiti and Syria, among … [Read more...]
November 15, 2013 by ·
USCIS has finally released a long awaited policy memo about "Parole in Place" or PIP. PIP is a procedure that permits qualifying family members who entered the U.S. without inspection (EWI), who ordinarily would need to leave the US to process a family based green card abroad, to be able to apply for green cards (adjustment of status) in the U.S., provided USCIS agrees to "parole" the individual. At this Seattle immigration law firm, we have worked on these cases before, and have found the … [Read more...]
November 14, 2013 by ·
The Washington Post has an interesting look at famous people who have given up US citizenship. Rock 'n roll icon Tina Turner recently gave up her citizenship at the US Embassy in Bern, Switzerland. A recent Wall Street Journal article stated that in 2013, 2369 US citizens expatriated according to figures released from the US Department of Treasury. Intentional renunciation of citizenship is a solemn process that must be voluntarily and knowingly made before a US consular officer. The US … [Read more...]
October 18, 2013 by ·
A colleague of mine who adopted a foreign born child who is a US citizen reports problems signing up for health care under the Washington Health Care Exchange. The problem is that the system does not seem to recognize the Social Security Numbers of individuals with Certificates of Citizenship or Certificates of Naturalization. She has reported this to the powers that be at the Exchange. But it is representative of a larger issue we immigration lawyers frequently see. We don't just represent … [Read more...]
October 18, 2013 by ·
Now that the government has reopened, there are a few lingering immigration related issues. Today, USCIS issued this advisory concerning work visa applications: We would like to share the following information on Form I-129 H-1B, H-2A, and H-2B petitions. If an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government … [Read more...]
