The H-1B classification for specialty employees over the past few years has not been continually available because the H-1 Cap was often used up in one day after the date filing began, namely on April 1st of each year. The H-1B did not take effect until the 1st October of each year. Due to the...Read More

TPS, temporary protected status, now available to Salvadorians and Hundurans, may be reopened by an Immigration Judge in removal proceedings even if an immigrant has not appealed a denial by the Department of Homeland Security (DHS). A Salvadorian had applied for TPS in 2002 and thereafter that were always denied but never appealed. The DHS...Read More

Intra-Company Transferees (L-1) To qualify, the L-1 Visa applicant must have been continuously employed abroad for one of the past 3 years preceding an application by a parent company, branch, affiliate or subsidiary of the intended employer company in the U.S. The work to be done must be to continue in a managerial or executive...Read More

WHO HAVE SUFFERED DOMESTIC ABUSE ABROAD The new Administration has recently changed immigration regulations to permit victims of domestic violence abroad to apply to obtain asylum in the U.S. The previous Administration had consistently denied such claims for violence and sexual abuse abroad, holding that this class of battered women could not be accepted because...Read More

AT RANDOM & WITHOUT REASONABLE SUSPICION The 5th Amendment of our Constitution specifically guarantees that no one may be obliged to incriminate himself/herself. When a police officer asks a passenger what his/her status is on a car stop, the passenger usually does not feel free to refuse to answer. Indeed if the passenger does not...Read More

The remedy of Cancellation of Removal is available for people who entered the U.S. with or without a visa more than 10 years ago and who have stayed continuously since then and have a U.S. citizen or permanent resident spouse, child or parent who would suffer extreme hardship if the individual were required to leave...Read More

In the past year we have received innumerable calls from frustrated individuals who have tried to obtain visitor visas from the U.S. Consulate abroad, only to be denied summarily and without explanation, even though many of the applicants have a legitimate reason to come here as tourists to visit children, grandchildren, or parents for temporary...Read More

An Order of Deportation may be overcome by showing the Notice was never received. Before notices had to be sent by certified mail, now they can be sent by regular mail. This affords an opportunity for someone who has received an Order of Removal to reopen the case. Formally the Immigration Service had required that...Read More

The initial period of admission may now be three years instead of one for TN workers. A Bachelor’s Degree is required for this category or appropriate professional credentials such as required for accountants, engineers, attorneys, pharmacists, scientists and teachers. Spouses and unmarried minor children are included. There is no annual limitation on the number of...Read More

One way to start up a business in the U.S. is through the L Visa. To transfer a key employee from abroad to the U.S., a transferee must have been continuously employed for one of he past three years by a parent, branch, affiliate or subsidiary of the a company. A new U.S. company may...Read More