NAFTA’s TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level. One TN-qualifying profession is that of an “economist,” which requires a baccalaureate or licenciatura degree. NAFTA does not provide a specific description of what an economist does, what professions
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Time to Prepare for the 2018 H-1B Lottery
For immigration attorneys and employers of foreign nationals alike, the frenzy of the spring H-1B Cap season is right around the corner. Now is the time to start preparations for the April filing deadline.
Each year, 85,000 new H-1B work visas become available for high-skilled workers seeking employment in an “H-1B specialty occupation.” Many more…
New Secretary of DHS Announces New Country Requirements for Visa Waiver Program
Department of Homeland Security Secretary Kirstjen Nielsen has announced new security measures applicable to all countries in the Visa Waiver Program (VWP).
The VWP allows citizens or nationals of 38 participating countries to enter the U.S. for business visits or tourism for stays of up to 90 days without obtaining a visa stamp in their…
Status of International Entrepreneur Rule on Tenuous Ground, But USCIS To Begin Accepting Applications
The DHS is giving with one hand and taking with the other. In response to the December 1, 2017 federal court ruling in National Venture Capital v. Duke, the DHS is complying and implementing the International Entrepreneur Rule parole program (IER). At the same time, the DHS is in the final stages of publishing…
Guide for Individuals Traveling Outside of U.S. During Holiday Season
Extreme vetting, strict scrutiny, travel warnings, and the latest travel ban have made travel abroad more worrisome than ever this holiday season.
Reminders for individuals who will have to apply for new U.S. visas while abroad in order to return to the United States:
- Consulates are dealing with new guidance and procedures. This means that
…
Rules on the Chopping Block: H-4 EAD and International Entrepreneur
The Trump Administration appears to be in the process of eliminating two rules: the H-4 EAD Rule and International Entrepreneur Rule.
In line with President Donald Trump’s “Buy American, Hire American” Executive Order and his aim for a fully “merit-based” visa scheme, a draft regulation that would end the H-4 EAD program (enacted by the …
Deferred Action for Childhood Arrivals Program is Rescinded, AG Sessions Announces
Please see our full article with analysis of and takeaways from the rescission of the DACA program here.
In-Person Interviews for Each Green Card Applicant to Begin October 1
USCIS spokesperson Carter Langston confirmed that as of October 1, 2017, the employment-based green card process will include an in-person interview.
Formal interviews have been a possibility for employment-based permanent residency applicants. However, for the last 10 years, employment-based green card applicants generally had the interview waived. Historically, in-person interviews were a sign of trouble,…
Diversity Applicants Sue to Force State Department Action
A group of diversity lottery applicants from countries covered by President Donald Trump’s travel ban have filed suit in the U.S. District Court for the District of Columbia seeking to force the State Department to adjudicate their diversity lottery visa applications before time runs out for them.
Administered by the Department of State, the Diversity …
Insights: Expediting H-1B Petitions
While unusual, the government has suspended expedited or premium processing for H-1B cases from time to time. In years past, in response to the filing of Cap cases, the start of the 15-day adjudication clock was delayed. There also have been suspensions in other situations when the USCIS anticipated increased caseloads, such as when EADs…