President Obama Executive Action on Immigration

On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation. These initiatives include: … Read more

AILA’s 8 Points on the President’s Immigration Accountability Executive Actions

Based on a briefing today at the White House, the following elements are expected to be part of the Administration’s announcement on immigration executive actions, also known as the President’s Immigration Accountability Executive Actions. Our understanding is that details (and memos) are still being finalized, and will be released in the coming hours, days, weeks, … Read more

How Many Photos Are Needed When Filing Application for Adjustment of Status

USCIS clarified the photo requirements for the filing of the adjustment of status and its ancillary benefits in a teleconference with AILA Liaison on February 27, 2013 : The adjustment of status applications should include six photos in total per applicant, if all three forms listed below are filed: Two for the I-485 Application to … Read more

How Does Passport Expiration Date Affect I-94 Period of Stay

Visitors traveling to the United States are required to be in possession of passports that are valid for six months beyond the period of their intended stay in the United States. Citizens of certain countries are exempt the six-month rule and need only have a passport valid for their intended period of stay. When travelers … Read more

USCIS Implements H-1B/L-1 Filing Fee Increase

WASHINGTON—On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, … Read more

FY2011 H-1B Cap Count

USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 10/8/10, approximately 41,900 H-1B cap-subject petitions were receipted. USCIS has receipted 15,400 H-1B petitions for aliens with advanced degrees.

USCIS Updated H-1B Counts

On June 11, 2010, USCIS issued an update count of Fiscal Year 2011 cap-subject numbers.  Approximately 22,200 H-1B cap-subject petitions counting towards the 65,000 general cap were receipted in by the Service. Only 9,400 H-1B petitions for aliens with advanced degrees from U.S. institutions have been receipted in counting towards the 20,000 Master’s cap.

USCIS to Accept H-1B Petitions for Fiscal Year 2011 Begining April 1, 2010

U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked. … Read more

Self Sponsored H-1B

Some decisions and cases support that a corporation even if it is owned and operated by a single person may hire that same individual in an H-1B capacity. This is based on the concept that the corporation is a separate legal entity fron its owner. However, self-sponsored H-1Bs are subject to careful review. The parties … Read more