In a Leadership Journal entry issued by the Acting Director of the U.S. Citizenship and Immigration Services (USCIS), several rule changes to the H-2B program were proposed. Little about the program has changed to accommodate employers’ needs or improvement in worker protections. The Department of Homeland Security (DHS) is proposing…
Articles Posted in nonimmigrant visas
AAO gives Petitioner another chance to prove NEED for H2B welder workers
The Administrative Appeals Office recently withdrew the decision of the Director, Vermont Service Center and remanded the matter to him for further action and consideration. In the aforementioned case, the Petitioner is a Mississippi Limited Liability Company supplying labor and industrial services for the marine and petroleum/chemical industries in the…
L-1B Visa Requirements and Recent related AAO decision
The L-1B intra company business visa allows specialized knowledge employees to transfer from a foreign company to a U.S. parent, affiliated, or subsidiary branch to perform temporary jobs. For a foreign applicant to attain L-1B visa status, three requirements must be met. First and foremost, the petitioning U.S. company must…
Future Rule Tightening by the U.S. Department of Labor
The U.S. immigration system is constantly changing. At a recent stakeholders meeting, the U.S. Department of Labor (DOL) announced several upcoming changes to the Labor Certification and Labor Condition Application process. Expect More PERM Audits The DOL announced that with Backlog Elimination Centers (BECs) closing, the DOL will now be…
Dual Intent – What Does It Mean In The Immigration Context?
Many of our clients ask us why certain nonimmigrant visa categories allow individuals to enter the United States and apply for permanent residency while other nonimmigrant categories do not. The answer is “dual intent.” So what exactly is dual intent? The doctrine of dual intent states that even though a…