Category Archives: Employment Based Immigration

President Obama Executive Action on Immigration

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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:

Expanding the population eligible for the Deferred Action for Childhood Arrivals
(DACA) program to young people who came to this country before turning 16 years
old and have been present since January 1, 2010, and extending the period of DACA
and work authorization from two years to three years.

Allowing parents of U.S. citizens and lawful permanent residents who have been in
the country since January 1, 2010, to request deferred action and employment
authorization for three years, in a new Deferred Action for Parental Accountability
program, provided they pass required background checks.

Expanding the use of provisional waivers of unlawful presence to include the spouses
and sons and daughters of lawful permanent residents and the sons and daughters of
U.S. citizens.

Modernizing, improving and clarifying immigrant and nonimmigrant programs to grow
our economy and create jobs.

Promoting citizenship education and public awareness for lawful permanent residents
and providing an option for naturalization applicants to use credit cards to pay the
application fee.

Important notice: These initiatives have not yet been implemented, and USCIS is
not accepting any requests or applications at this time. Beware of anyone who
offers to help you submit an application or a request for any of these actions
before they are available. You could become a victim of an immigration scam.

Next steps

USCIS and other agencies and offices are responsible for implementing these initiatives as
soon as possible. Some initiatives will be implemented over the next several months and
some will take longer.

Over the coming months, USCIS will produce detailed explanations, instructions,
regulations and forms as necessary. The brief summaries provided below offer basic
information about each initiative.

While USCIS is not accepting requests or applications at this time, if you believe you may
be eligible for one of the initiatives listed above, you can prepare by gathering documents
that establish your:
1. Identity;
2. Relationship to a U.S. citizen or lawful permanent resident; and
3. Continuous residence in the United States over the last five years or more.

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

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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,…Continue Reading

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

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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…Continue Reading

Secretary Napolitano Announces Initiatives to Promote Startup Enterprises and Spur Job Creation

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WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in…Continue Reading

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

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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…Continue Reading

USCIS Reaches FY 2011 H-1B Cap

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WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in…Continue Reading

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

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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,…Continue Reading

USCIS Updated H-1B Counts

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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.Continue Reading

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

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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.…Continue Reading