Petition for Alien Relative Approved in Two Months!
Our client is an American citizen who is married to a Ukranian citizen. His wife is currently living near the Eastern border of the Ukraine with their small child, who is an American citizen. Because of the current crisis in the Ukraine, our client is extremely concerned about the safety and wellbeing of his wife [...]
Arrival and Departure Retrieval Now Available Through CBP Online
U.S. Customs and Border Protection (CBP) launched a new web-site providing access to arrival and departure records for the United States over the past five (5) years. In years past such information was obtained through filing a time consuming FOIA request with CBP. The new CBP web-site provides instant access that shows the date and [...]
2014 Affidavit of Support Poverty Guidelines
U.S. Citizenship and Immigration Services (USCIS) recently released the updated poverty guidelines for 2014 on Form I-864P. The poverty guidelines are used by USCIS adjudicators and consular officers to determine if the sponsor for family-based immigration petition meets the minimum income requirements in order to sponsor their family member for permanent resident status (green card). [...]
FY2015 H1B Cap Reached Triggering Lottery
U.S. Citizenship and Immigration Services (USCIS) announced that it received enough H-1B petitions to reach the Cap for 2015. This includes cases under the general 65,000 Cap and the 20,000 under the Masters Cap. Prior to starting the lottery selection process, USCIS will complete preliminary intake for all filings received during the filing period which ended on April 7, 2014. [...]
H1B Visa Alternatives
Each year after the H1B Cap has been reached we are asked by those that did not obtain an H1B number under the Cap, “What H1B alternative options are available?” For some, the H1B visa might be the only option available. Others might be fortunate enough to have a second or third visa option. Whether you failed [...]
USCIS H1B Lottery Process
The H1B lottery was last used by USCIS in 2009. USCIS implements the lottery when a sufficient number of cases are received to reach the Cap within the first five (5) business days of April. Receipt notices are not issued until USCIS determines that a sufficient number of H1B petitions have been received. After completing the lottery, USCIS [...]
H1B Premium Processing for the Fiscal Year 2015 Cap
USCIS will accept H1B petitions for premium processing under the Fiscal Year 2015 Cap on April 1, 2014. However due to the high volume of H1B petitions anticipated for the Fiscal Year 2015 Cap, USCIS expects to begin processing premium processing requests no later than April 28, 2014 after the lottery has been conducted to [...]
The 2015 H1B Season is Here
With the start of the New Year, it is again time to prepare for the upcoming 2015 H1B Cap. Last year was a mad dash for those trying to obtain H1B status. After several years of lingering H1B numbers, the H1B Cap filled within the first week. If you missed out on the 2014 H1B [...]
NEXUS – Expedited Entry Program for Canadian and U.S. Citizens
Crossing the border can be a time intensive process, which is not an issue when you cross the border on an infrequent basis. Business professionals, cross border shoppers, and those with cross border relationships, can spend hours each week stuck in border traffic. In an effort to relieve congestion at the border and reward certain [...]
USCIS Processing Delays
U.S. Citizenship and Immigration Services (USCIS) recently released updated processing times. Current USCIS processing times indicate that many family-based immigration filings are delayed by 6 months or more. USCIS is transferring cases between service centers in order to better handle the current case load. Here are some cases we have filed with USCIS that have been [...]
Nonimmigrant Waiver Approved in Four Months!
Our client is a native of India and citizen of Canada. She is now firmly settled in Canada and a small business owner, however because of previous immigration violations, is barred for life from entering the United States without a waiver of inadmissibility. Over 15 years ago, our client attempted to enter the United States [...]
Exceptions to the 5 year L1B and 7 year L1A Limits
There are two L1 visa categories: L1A Intracompany Transferee Executive or Manger and L1B Intracompany Transferee Specialized Knowledge. Once an L1A or L1B transferee is granted L1 status and begins their employment within the United States, the clock on their stay begins ticking. The initial stay for an L1A opening a new office is one [...]
TN Visa Experience is Invaluable
Our law practice focuses on U.S. immigration law and ONLY U.S. immigration law. This allows us to become proficient with U.S. immigration law at a very high level. One specific area within U.S. immigration law that we have a strong level of competence in is TN visas under NAFTA. Our experience is not limited to [...]
Avoid Hiring the Wrong Immigration Help
A week does not pass that we are contacted by someone who relied on bad immigration advice. Bad immigration advice can come from many sources including: friends, immigration consultants, immigration businesses, multi-practice law firms, and even immigration law firms not familiar with your specific immigration matter. In the United States ONLY licensed attorneys or accredited representatives can [...]
U.S. Government Shutdown Furlough Impact on Immigration
According to the United States Office of Personnel Management, a “Shutdown Furlough” is the placing of employees in a temporary non-duty, non-pay status because of lack of work or funds, or other non-disciplinary reasons. The furlough will impact all non “excepted” employees. Excepted employees include employees who are performing emergency work involving the safety of [...]
Questions to expect when applying for a TN?
The process of applying for TN status at a designated port of entry can be intimidating. We are often asked what types of questions to expect during the application process. Although there is not a set list of questions asked during every TN inspection, CBP officers tend to ask certain questions during the inspection process. [...]
Can my employer or spouse sponsor me for a Green Card if I am on a TN?
There is a bit of confusion around the ability of the holder of TN status to be sponsored for U.S. permanent residence (green card) by their spouse or employer. This confusion most commonly comes from the fact that TN status is temporary and as such is designated as non-immigrant. This means that an applicant for [...]
L1A Manager or Executive to Green Card
One of the best available avenues to U.S. permanent residence is through employment as an L1A manager executive transferee. L1A transferees are labeled as priority workers and are given first preference for U.S. permanent residence. A major benefits of being a priority worker is the exemption from the lengthy, costly, and cumbersome PERM recruitment process. This [...]
Should I Hire a Lawyer for my TN application?
As an immigration law firm we are regularly asked why someone should hire a lawyer for the TN application process. The details for assembling and presenting a TN application at the border can be found through the Customs and Border Protection web-site and the details for filing by mail can be found though the U.S. Citizenship [...]
How to Obtain a Physical Copy of Form I-94
CBP Form I-94 is used as proof of legal inspection and admission into the United States. CBP Form I-94 will indicate the status under which admittance was granted and the time period of the authorized stay. If issued in connection with employment, CBP Form I-94 will often indicate the name of the employer for which authorization was granted. Traditionally, CBP Form I-94 was [...]
TN Status and Form I-9 Compliance
USCIS Form I-9 is used by U.S. employers to verify the identity and work authorization of their employees. Form I-9 must be completed by all U.S. employers for each employee, both U.S. citizens and foreign nationals. Form I-9 is completed by both the employer and the employee. Along with the completion of Form I-9 the [...]
Immigration Update: Supreme Court Strikes Down DOMA!
Today the United States Supreme Court struck down the Defense of Marriage Act, which defined marriage as between a man and a woman only. The Defense of Marriage Act prevented legally married United States citizens and Lawful Permanent Residents from, among many other things, sponsoring their same sex husband or wife for immigration benefits. The [...]
Basics of a Canadian Waiver Application
Canadian citizens who are barred from entering the United States because of a criminal conviction, a previous immigration problem (such as a deportation order, unlawful presence or fraud), or other reason, may apply for a “waiver” to be able to enter the United States as a nonimmigrant visitor for business or pleasure. This guide is [...]
Naturalization Application Approved!
Our client is a native and citizen of the Philippines, and has been a Lawful Permanent Resident (“green card” holder) of the United States for ten years. Unfortunately, two years after receiving her green card, she was arrested and convicted for a minor theft. Our client now wished to file an application for naturalization, but [...]
Immigration Court Finds Our Client Not Subject to Mandatory Detention
Our client is a native and citizen of Canada who has been a Lawful Permanent Resident of the United States for over 54 years. Unfortunately, he was recently convicted of two crimes which, even though they were minor crimes, make him deportable from the United States. He was taken into immigration custody and detained at [...]
Education Requirements for a Computer Systems Analyst under NAFTA
An applicant for TN status must be able to demonstrate to the interviewing officer that they meet all the requirements for the profession as listed under the North American Free Trade Agreement (“NAFTA”). Each profession under NAFTA details the minimum level of education and experience required to work under the profession in TN status within the United [...]
2013 Affidavit of Support Poverty Guidelines
U.S. Citizenship and Immigration Services (USCIS) recently released the updated poverty guidelines for 2013 on Form I-864P. The poverty guidelines are used by USCIS adjudicators and consular officers to determine if the sponsor for family-based immigration petition meets the minimum income requirements in order to sponsor their family member for permanent resident status (green card). [...]
Basics of a Canadian application for TN-1 Status
An application for TN-1 status submitted at a U.S. port of entry or designated pre-flight inspection point must be done in accordance with the North American Free Trade Agreement (“NAFTA”). This guide provides a basic overview of an application for TN-1 status for Canadians submitted at a port of entry or designated pre-flight inspection point. [...]
H-1B Visa Alternatives
The H-1B Cap for fiscal year 2014 has already been met leaving many foreign nationals and their employers without valid work authorization. Although the H-1B visa is one of the better work visa options, it is not the only one. There are many alternative options available for working in the United States. Some of the [...]
U.S. Work Visas for Temporary Non-Agricultural Workers
Under current U.S. immigration law qualifying U.S. employers can petition to bring foreign workers to the United States in order to fill a temporary need in nonagricultural positions on H-2B visas. Such positions are classified as a one-time occurrence, seasonal need, peakload need, or an intermittent need. *See below for an explanation of the H-2B [...]
US Work Visas for Australians
Australian citizens coming to the United States to work in specialty occupations are able to obtain work authorization under the special E-3 visa classification. In general, a specialty occupation is one that requires the attainment of bachelor’s degree or its equivalent. In some cases experience can be substituted for a degree. To be eligible for [...]
How to obtain proof of U.S. Citizenship?
Over the past several years admission to the United States has become increasingly difficult. Entry is not granted without presentation of acceptable identification documents and often the attainment of a visa. This has not always been the case. We often come across individuals, who were born in another country to a U.S. Citizen parent(s), and [...]
Which TN-1 Professions require a VisaScreen?
According to the Illegal Immigration Reform and Immigrant Responsibility Act (the IIRIRA) certain health care professionals seeking entry into the United States under TN-1 status must first obtain a VisaScreen before entry will be granted. The following TN-1 professionals must meet all minimum education requirements and alternative credentials listed under the NAFTA, and obtain a [...]
Form I-751, Petition to Remove Conditions of Residence
U.S. permanent resident status will be conditional when based on a marriage that was less than two years old when a person is given permanent residence (Green Card). In order to remove the conditions of residence, the couple must prove the marriage is bona-fide, or, legitimate. In fact, this is the most important element when [...]
K-1 Fiancé Visa and Adjustment of Status
A K-1 visa is granted to a fiancé of a U.S. citizen who seeks to enter the United States solely to marry the person who petitioned for him or her. The K-1 visa holder and the U.S. citizen must marry within 90 days after the visa holder enters the United States. A K-1 visa holder may adjust his or [...]
When should you begin the H1B application process?
With the start of the New Year, comes H1B season. This is the time of the year to begin the H1B application process to afford the best possible chance of obtaining an H1B number under the FY2014 H1B Cap. Each year we are contacted by either employers or their employees who are in need of [...]
Traveling to the United States for the Holidays? What to Say at the Border
If you are planning a trip to the United States, make sure you are ready for the inspection and admission process at the border. Whether you are entering at the airport, by land, or by boat (even on cruise ship), you will need show that you are eligible to be admitted to the United States. [...]
What Constitutes a Particularly Serious Crime
A person who has been convicted of a “particularly serious crime” is considered under the U.S. immigration laws to constitute a danger to the community of the United States, and may not be granted asylum or withholding of removal. What constitutes a particularly serious crime? Aggravated Felonies A conviction for an aggravated felony is considered [...]
Departing the United States During Deportation Proceedings
The Board of Immigration Appeals recently issued a new decision finding that, where a person who is in deportation proceedings leaves the United States before the conclusion of the proceeding, the Immigration Court still has the authority to order the person deported, and all of the consequences of a deportation order still apply. In the [...]
Can I get married while working in the United States on a TN visa?
Under U.S. Immigration Law there are two different visa types: immigrant and nonimmigrant. There is a clear distinction between these two visa types. An immigrant visa allows the recipient to travel to the United States and apply for admission as a legal permanent resident (LPR). Nonimmigrant visas are for individuals coming to the U.S. temporarily [...]
Qualified Canadians can now submit TN applications by MAIL from Canada!
On October 1, 2012, U.S. Citizenship and Immigration Services began accepting applications for TN status filed on Form I-129 on behalf of qualified Canadian Citizens from outside the United States. Traditionally, Canadians outside the United States seeking TN status were required to submit applications for TN status at a U.S. port of entry. This new [...]
TN Visa for a Scientific Technician/Technologist
There are a few TN Professions that raise immediate concern and face increased scrutiny at the border. One profession is the Scientific Technician/Technologist. A main reason for high scrutiny of those applying for TN status as a Scientific Technician/Technologist is that there is no degree requirement. This leads to many frivolous applications. It is common [...]
What is the 30/60 Day rule under immigration?
The 30/60 day rule, applied in certain U.S. immigration matters, comes from the U.S Department of State Foreign Affairs Manual. The 30/60 rule was implemented to develop consistency in the adjudication of immigration cases involving foreign nationals who, after entering the United States as a nonimmigrant apply for immigration benefits that are inconsistent with nonimmigrant [...]
Derivation of Citizenship through Parents
Under the Child Citizenship Act of 2000, qualifying children of U.S. citizen parents are able to derive citizenship through their parent. A child of a U.S. citizen parent is able to derive citizenship through their parent as long as: One parent is a U.S. citizen by birth or naturalization; They are under the age of [...]
What is temporary employment for a TN visa?
One of the basic requirements that must be met in order to successfully obtain TN status is an offer of temporary employment. This requirement often causes confusion for both the employer and the employee. As with all other temporary immigration visas, TN visa applicants must have temporary intent. This means that they cannot have the [...]
B-1 in Lieu of H-1B
Under certain circumstances workers who would otherwise qualify for an H-1B visa can obtain a B-1 visa in order to perform certain activities while in the United States.
How do I obtain a Social Security number while on a TN?
After you have entered the United States under TN-1 status your employer/HR department is likely to request a copy of your social security card for payroll/tax purposes. The process of obtaining a social security card is relatively simple as long as you have original or certified copies of all the required documents. A social security [...]
Form I-821D, Consideration of Deferred Action for Childhood Arrivals
Form I-821D, Consideration of Deferred Action for Childhood Arrivals Qualifying DREAMERs can file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, with USCIS beginning on August 15, 2012. According to the recently released Forms and Instructions, an individual may be considered for deferred action as a childhood arrival if he or she: Was under [...]
Application Process and Forms for DREAMERs Announced
Yesterday, August 3, 2012, U.S. Citizenship and Immigration Services (USCIS) announced the process for DREAMERs to obtain deferred action and employment authorization, for two (2) years with the possibility of renewal. USCIS will begin to consider requests for deferred action and work authorization from qualifying DREAMERs on August 15, 2012. In order to qualify you [...]
Changes in TN Employment: What changes require a new TN?
When TN-1 Status is issued it is tied to a specific employer for a specific TN profession. As long as you continue to work for the employer tied to your TN status, you continue to work in the designated TN profession with the same duties, and your TN remains valid, it is not necessary to [...]
Changes in Circumstances Can Impact Your Case
Often times waiting for a petition to be approved can be very stressful. Many times personal circumstances change and people are no longer able to continue processing the same type of petition that was filed. An example of this would be with a K-1 Fiancé(e) visa in which the U.S. citizen files for his/her fiancée [...]
The Impact of the DHS June 15, 2012 Announcement on DREAMers
On June 15, 2012 The Department of Homeland Security (“DHS”) announced that it will offer deferred action to individuals that qualify as DREAMers. To qualify for deferred action the individuals must meet the following criteria: Be 15-30 years old, and have entered the United States before age 16. Have been present in the United States [...]
Common TN Visa Application Mistakes to Avoid
Applying for TN-1 status can be a complex process that if not handled properly can lead to a denial or even potential bars upon entry to the United States. We are often approached by individuals that have been denied entry into the United States under TN-1 status due to flaws in their application. Although many [...]
What Documents do I need to enter the United States?
If you are a United States citizen planning on vacationing abroad for pleasure or business, it is important to carry acceptable forms of identification in order to re-enter the United States. The Western Hemisphere Travel Initiative sets forth the acceptable travel documents. Some of the acceptable travel documents include: U.S. Passport U.S. Passport Card Enhanced Driver’s License Trusted Traveler Program Cards – Global [...]
L-1B Visa: Specialized Knowledge
The primary reason L-1B visas were created was to allow workers from foreign companies to transfer to subsidiary or affiliate companies in the United States. However, they cannot be used simply to transfer employees from one company to another; an employer-employee relationship must be established between the employee and the petitioning employer. This means, among [...]
How to Establish Nonimmigrant Intent
Under the Immigration and Nationality Act (INA), every foreign national seeking entry into the United States is considered an “immigrant” unless they demonstrate otherwise. The burden is with the foreign national to establish that they have “nonimmigrant intent”, or that their stay within the United States will be temporary. Nonimmigrant intent can be established with [...]
H-1B Off-Site Employment
In 2010 a new rule was implemented to restrict companies who subcontract their employees for off-site projects.
What to Expect During a U.S. Border Inspection
If you have made frequent border crossings into the United States you have probably noticed a consistent pattern in the line of questions and procedures used by the inspecting CBP Officer. CBP Officers are trained to follow certain guidelines for each primary inspection. These procedures ensure proper inspection of each traveler, their vehicles and belongings [...]
What Should be Included in a Canadian TN-1 Border Application?
If you are a Canadian business professional seeking entry into the United States under TN-1 status through an application submitted at a port of entry or pre-flight inspection, it is important to have a properly prepared and supported TN application. A properly prepared TN application will include the following: Canadian passport or other Western Hemisphere [...]
Updated Poverty Guidelines for 2012 – USCIS Form I864P
U.S. Citizenship and Immigration Services (USCIS) recently released the poverty guidelines for 2012, Form I-864P. The poverty guidelines are used by USCIS adjudicators and consular officers to determine if the sponsor for family-based immigration petition meets the minimum income requirements in order to sponsor their family member for permanent resident status (green card). Form I-864P [...]
Why Hire an Immigration Lawyer?
The immigration process goes way beyond simply completing and filing a few forms with U.S. Citizenship and Immigration Services. There are several services and law firms that provide this basic service. When hiring an immigration lawyer to represent you, you get much more than a third party form filler. A good immigration lawyer will not [...]
Change of Status to TN-1
If you are already within the United States in lawful immigration status you can avoid processing for TN-1 status at a port of entry by submitting your application through a USCIS service center. This is done by your employer through filing Form I-129 with the designated USCIS service center. Filing for a change of status [...]
Obtaining U.S. Citizenship through Naturalization
If you are in the United States as a U.S. permanent resident (Green Card Holder) you may be eligible to become a U.S. citizen through naturalization. You may apply for naturalization if you have been a U.S. permanent resident for at least five (5) years, or, if you obtained your green card through marriage, at least [...]
Green Card for a Spouse within the United States
One of the quickest ways to become a U.S. permanent resident (Green Card holder) is through marriage to a U.S. citizen. The process of obtaining a green card through marriage depends on whether the foreign national spouse is currently within the United States or in their home country. This article gives a high level explanation [...]
How to Determine the Length of TN Admissions for Canadians
Under the North American Free Trade Agreement (NAFTA) a Canadian citizen may be admitted for up to three years to work within the United States under a listed TN profession as long as the passport presented has a validity date throughout the requested period of admission. In addition to verifying passport validity, NAFTA Officers will [...]
Change of Status
If you have entered the United States in legal nonimmigrant status and would like to change the purpose of your stay, you can apply for a change of status with U.S. Citizenship and Immigration Services (“USCIS”). For example: • You entered the United States as a student and have received a job offer from your [...]
Do I automatically get a green card when I marry a U.S. Citizen?
There is a common misperception that one can automatically get a green card through marriage to a U.S. Citizen. Although marriage to a U.S. citizen may qualify the foreign national spouse for a green card, a green card is far from automatic. There are many reasons that people enter into marriage: Love, convenience, tradition, religion [...]
TN-1 Status for Canadian Software Engineers
Appendix 1603 D.1 of the North American Free Trade Agreement (“NAFTA”) includes the occupation of “Engineer” within the list of professional level occupations. NAFTA lists the minimum qualifications for entry into the United States as a TN-1 Engineer as: Baccalaureate or Licenciatura Degree; OR State/provincial license NAFTA does not provided any further guidance or clarification [...]
Do I need a Re-entry Permit?
Re-entry permits are commonly obtained by U.S. permanent residents (“green card” holders) who intend to remain outside the United States for a period of more than one year but no longer than two years and who do not intend to abandon their residence in the United States. The re-entry permit serves as proof of the [...]
TN Visa Port of Entry Support in Buffalo and Niagara Falls
We are often retained to assist Canadians process for TN visa status at U.S. ports of entry. We have experience providing successful border representation to our individual and business clients. If you would like the added peace of mind of experienced border crossing support, we can help. We are able to provide guidance, added support [...]
TN Visa Status for Canadians with Contracts in the U.S.
Although most TN visas are issued to Canadian employees working for U.S. companies, U.S. immigration law also allows Canadian companies to sponsor their employees to obtain TN visas in order to perform services under pre-arranged contracts with U.S. companies. With a properly prepared TN visa application, TN status can be issued to allow the employees [...]
TN NAFTA Status for Management Consultants
One of the most scrutinized and problematic of all TN visa categories is TN Management Consultant. When a person presents a TN visa application as a Management Consultant, the NAFTA officer will take extra care to make certain that the applicant is truly a consultant. One of the main reasons behind the scrutiny given to [...]
What qualifies as proof of education for a TN visa application?
In order to qualify for a TN visa it is necessary to show that you have the requisite education for the TN profession. For each TN profession there is a required academic requirement. For example: Accountant - Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A. Computer Systems Analyst – Baccalaureate or Licenciatura Degree; [...]
How do I know if my job qualifies for a TN visa?
Sometimes it is very easy to determine if your job qualifies for TN visa status, other times it can be complicated. You can feel confident that your job qualifies you for TN visa status if: Your job is listed on the TN professions list; Your job title is one generally associated with the TN profession; [...]
How many times can you renew a TN visa?
There is no limit to the amount of time that a person can be on a TN visa status. TN visa status can be renewed up to six months prior to the expiration date and can be renewed as often as every year. The maximum amount of time that a single TN visa can be [...]
Can I Change my TN Visa Employer?
Although TN visa status is employer specific, you can change your employer at any time. In order to do this you will need to obtain new TN status for the new employer. You must have an approved TN for the new employer before you start working. Working for an employer other than the one listed [...]
Can I work for multiple employers while on TN visa status?
It is possible to obtain multiple TN visas and work for multiple employers at the same time while in TN status. In order to do this, TN status must be obtained for each employer. The most common scenario where multiple TN visas are required is for persons entering the United States to fill two or [...]
B Visas for qualifying TN Household Members
U.S. Citizenship and Immigration Services (USCIS) recently changed the requirements for the B visitor visa. The changes now makes it possible for qualifying household members of those in TN status to enter the United States on B visas. This change makes it possible for elderly parents, cohabitating partners and other household members of a TN [...]
How do you renew a TN Visa?
No matter how long the validity of the initial TN visa, it will eventually expire. When seeking to renew a TN visa there are two potential options: TN Visa Renewal via Form I-129 – If you are renewing your TN visa and will continue to work for the same employer, under the same TN profession, [...]
How long is a TN visa good for?
TN visa status is available to Canadian citizens seeking to enter the United States under a profession designated in the North American Free Trade Agreement (NAFTA). After establishing eligibility for TN visa status at a U.S. port of entry, Canadian citizens are admitted to work within the United States temporarily for the sponsoring employer. Depending [...]
2012 H1B Cap Numbers as of 10/14/2011
The most recent H1B Cap update from U.S. Citizenship and Immigration Services (USCIS) indicates that there are still approximately 22,100 H1B numbers available towards the 2012 H1B Cap.
Is it more difficult to obtain TN status than in the past?
In recent years there have not been any significant changes to the NAFTA making the process to obtain TN status more difficult. However, there are many outside factors that make obtaining TN status more difficult in recent years. Here are some factors that have made the TN process more difficult than it has traditionally been: [...]
B visas for Cohabitating Partners and Other Household Members
U.S. Citizenship and Immigration Services (USCIS) recently changed the eligibility requirements for the B-2 visa to include “household members” of nonimmigrant visa holders. This change was made in order to accommodate circumstances where the elderly parents, cohabitating partners and other household members of a nonimmigrant visa holder may not qualify for derivative status. For example, [...]
H1B 2012 Cap Count as of 9/9/2011
In previous years the H1B Cap has filled within the first weeks of October. Due to many factors, including the struggling U.S. job market, H1B numbers continue to be available.
Getting a TN is Easy! You don’t need a Lawyer!
There is a misconception that is easy to obtain a TN visa and that a lawyer is not needed. Nothing could be farther from the truth. Seeking entry into the United States on a TN visa without a properly written TN offer letter will result in a denial and can lead to a bar to [...]
Immigrant Intent! Now What?
One of the most common reasons people seeking entry into the United States are turned around is because they are suspected of having, “immigrant intent.” We receive calls weekly from individuals that were turned away at the border because they could not establish ties to their home country or place of permanent residence. “Immigrant intent” [...]
FY2012 H1B Cap Update Issued July 22, 2011
As of July 22, 2011, USCIS has received approximately 21,600 H-1B petitions counting toward the 65,000 cap, and approximately 13,300 petitions toward the 20,000 cap exemption for individuals with advanced degrees.
USCIS Launches New Report Webpage
U.S. Citizenship and Immigration Services (USCIS) has launched a new webpage to track their performance in processing certain immigration related benefits.
How to Obtain TD Status for your Family Members
If you have immediate family members (spouse and children under the age of 21) that will be joining you in the United States while you work under TN status, you can easily obtain TD status for them. This can be done by bringing them with you while you apply for your TN status, or by [...]
Obtaining an H1B Visa Without a Degree
In most cases the employee sought has obtained the equivalent of a U.S. bachelor’s degree or higher. In some cases the employee has little or no education. In such cases all is not lost.
FY2012 H1B Cap Update July 1, 2011
Due to economic conditions in the United States, H1B visas continue to be available to employers seeking to employ specialized foreign workers.
TN Visa Border Crossing Tips for Canadians
The reality is there are no “tricks” to obtaining TN status lawfully. Either you qualify for a TN profession listed on the professions list, or you do not. If you qualify, then a properly prepared and supported TN application will get you TN status. If you do not qualify, then you should never attempt to [...]
FY2012 H1B Cap Update Issued June 17, 2011
As of June 17, 2011, USCIS has received approximately 16,300 H-1B petitions counting toward the 65,000 cap, and approximately 10,800 petitions toward the 20,000 cap exemption for individuals with advanced degrees.
FY2012 H1B Cap Update Issued June 13, 2011
As of June 13, 2011, USCIS has received approximately 15,200 H-1B petitions counting toward the 65,000 cap, and approximately 10,200 petitions toward the 20,000 cap exemption for individuals with advanced degrees.
FY2012 H1B Cap Update Issued June 13, 2011
As of June 13, 2011, USCIS has received approximately 15,200 H-1B petitions counting toward the 65,000 cap, and approximately 10,200 petitions toward the 20,000 cap exemption for individuals with advanced degrees.
FY2012 H1B Cap Update Issued June 1, 2011
As of June 1, 2011, USCIS has received approximately 13,600 H-1B petitions counting toward the 65,000 cap, and approximately 9,300 petitions toward the 20,000 cap exemption for individuals with advanced degrees.
Do I Need a Lawyer to get a TN?
Obtaining TN status as a Canadian working in the United States can be an intimidating process. We make sure that our clients have all the necessary documents and guidance needed to obtain TN status with their first application. A properly prepared and supported TN application is often quickly approved at the port of entry without [...]
FY2012 H1B Cap Update Issued May 20, 2011
As of May 20, 2011, USCIS has received approximately 13,100 H-1B petitions counting toward the 65,000 cap, and approximately 9,000 petitions toward the 20,000 cap exemption for individuals with advanced degrees.
TN Visa Issued for First Employee of a Start-Up
When presenting a TN application at a port of entry, there are several obstacles that must be overcome before the inspecting officer will issue a TN visa. One of the obstacles that must be overcome is proving the viability of the U.S. Employer. Large well known employers are readily verified as viable by the inspecting [...]
TN Managment Consultant Status for Experienced Canadian Professionals
A common yet complex TN profession option for Canadian business professionals is the TN Management Consultant. This category is often used by business professionals that provide specialized services as a consultant or through a consulting business. The requirements to enter the U.S. as a TN management consultant are simple: Baccalaureate or Licenciatura degree; or 5 [...]
FY2012 H1b Cap Update Issued April 19, 2011
USCIS has received approximately 7,100 H-1B petitions counting toward the 65,000 cap, and approximately 5,100 petitions toward the 20,000 cap exemption for individuals with advanced degrees.
TN Computer Systems Analyst
One of the TN professions most often used by Canadians is TN Computer Systems Analyst. This has much to do with the high demand for skilled IT professionals in the United States, the ability of Canadians to quickly obtain TN status and low TN processing fees in relation to other more expensive visa options. One [...]
FY2012 H1B CAP Update
As of April 8, 2011, USCIS has received approximately 5,900 H-1B petitions counting toward the 65,000 cap.
H-1B CAP Season for FY2012 Now Open
If you anticipate filling a specialty occupation with a foreign specialty worker, begin the process as soon as possible to secure an H-1B number for FY2012.
Port of Entry or Pre-Flight Inspection (TN NAFTA Status)
Canadian business professionals seeking entry into the United States under TN NAFTA status, often ask whether they should process at a U.S. port of entry or pre-flight inspection at an airport. In most situations, the best choice is to first process for your TN NAFTA status at a U.S. port of entry. It is best [...]
TN Management Consultant Success Despite Two Previous Denials
We were retained by a client that was stuck at the airport in Ottawa after being denied on two previous occasions while attempting to enter the United States as a TN Management Consultant. In addition to being denied on two previous occasions, the client was working under an arrangement where he was sub-contracted by a [...]
As a Canadian should I apply for a TN visa or H1B visa?
Canadians face unique dilemmas when deciding which visa category to choose when working in the United States. One such dilemma is whether to enter the United States as a TN NAFTA professional, or, as an H1B temporary worker. If you find yourself with this dilemma, you are in a very good position. This article discusses [...]
B1 Visitors for Business
If you are a foreign business professional that has business to conduct within the United States, the B1 visa may be just what you need.
H1B Cap-Gap Protection
Each year after the H1B Cap has been met, we receive questions from F-1 students that are currently working on OPT for an employer that would like to hire them as an H1B temporary worker. The common dilemma is that their OPT is about to expire and the H1B Cap has been met, leaving a [...]
USCIS Reaches FY 2011 H-1B Cap
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.
Choosing an H1B Job Category
We successfully help potential employees and their employers select the proper H1B job category for the position offered.
USCIS Comments on Part 6 of Form I-129
U.S. Citizenship and Immigration Services (USCIS) has replied to numerous inquiries regarding Part 6 of Form I-129, "Certificate Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States."
Answers to Common H1B Visa Questions
One of the most common nonimmigrant classifications used to work in the United States (US) is H-1B. H-1B Visas are available to foreign workers who come to the United States temporarily to perform services in a “specialty occupation”, or as a fashion model.
Answers for the E2 Treaty Investor
The E2 investor visa was created especially for business owners, managers, and employees who need to remain in the U.S. for extended periods of time in order to fill a key role with the company, either as an investor who will develop and direct the investment, or as a qualified employee necessary for the development of the investment.
FY2011 H-1B CAP Count Updated 11/16/2010
USCIS released updated H-1B Cap Count numbers on November 16, 2010. According to the updated numbers there have been 47,800 H-1B Regular Cap cases filed and 17, 400 H-1B Master's Exemption cases filed as of November 12, 2010.
AAO Further Defines “American firm or corporation”
Taking this into account the AAO concluded, "a publicly held corporation may be deemed an 'American firm or corporation' for purposes of section 316(b) of the Act if the applicant establishes that the corporation is both incorporated in the United States and trades its stock exclusively on the U.S. stock markets."
The Impact of Social Media on Immigration Petitions
A memo was recently discovered showing how federal agents actively use MySpace, Facebook and other popular social networking sites to connect with and follow the lives of individuals they investigate. The memo gives guidance to federal agents on how they can gain person insights into the romantic lives, family lives and professional lives of the [...]
FY2011 Updated H-1B Cap Count
USCIS released updated H-1B Cap Count numbers on October 13, 2010. According to the updated numbers there have been 41,900 H-1B Regular Cap cases filed and 15, 400 H-1B Master’s Exemption cases filed as of October 8, 2010. These numbers account for all cases that have been approved or are still pending with USCIS. They [...]
USCIS Final Rule on Fee Increases
After receiving public comment on proposed fee increases, USCIS will increase their overall fees by a weighted average of about 10 percent on November 23, 2010. These fees come after President Obama signed Public Law 111-230 on August 13, 2010, which increased the cost of certain H-1B and L-1 petition fees by as much $2,250. Some notable [...]
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