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Important Facts: Recent Complaint for Declaratory and Injunctive Relief by Manufacturing, Retail, Business,Tech and a Cultural Exchange organizations Against DHS
Background The United States economy has long been known for groundbreaking innovation American businesses stand at the vanguard of virtually every industry, supplying infrastructure, goods, and expertise to the global marketplace Innovative companies create...
Who Can Qualify for E-1 and E-2 Visa?
What is E-1 Classification? In order to be classified under E-1 nonimmigrant classification, a national should be a citizen of: A treaty country (a country with which the United States maintains a treaty of commerce and navigation Or, which has been deemed a...
Things You Need to Know About Immigration Benefit Request Fee Hike
The Department of Homeland Security announced a final rule (PDF) on July 31st, 2020. This rule adjusts fees for certain immigration and naturalization benefit requests to ensure U.S. Citizenship and Immigration Services recovers its costs of services. The...
Know Your Rights as An Immigrant In USA : Before Attending Any Peaceful Protest.
Can You Protest Peacefully in the USA even if You are Not a US Citizen? According to ICE Spokesperson Danielle Bennett: “U.S. Immigration and Customs Enforcement fully respect the rights of all people to peacefully express their opinions. In light of civil unrest...
EAD and Green Card Delays
Is your EAD or Green Card late? Call your congressional office.
TN VISA 101
What is TN Visa? The TN visa was originally created under the North American Free Trade Agreement (NAFTA) between Canada, U.S., and Mexico. As of July 2020, TN visas are being issued under the newly named United States-Mexico-Canada Agreement (USMCA). While NAFTA...
Rule For F1 and M1: Online Classes During COVID19
Why So Many Foreign Students Come to the USA to Get Higher Education? The USA still performs very well in global university rankings, with far more ‘top’ universities than any other country. The ‘best’ American universities are also considered best among global...
Are You Eligible For an O-1 or O-2 Visa?
What is O-1 Visa? O-1 Visa is a non-immigrant temporary worker visa granted by the United States to an alien "who possesses extraordinary ability in the field of sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary...
Who Are Eligible EB-1A or Extraordinary Ability Visa?
Who is Eligible for E-B1 Visa? You may be eligible for an employment-based, first-preference visa: if you are an alien of extraordinary ability An outstanding professor or researcher, or are a certain multinational executive or manager Each occupational category has...
What Counts as Fraud and Willful Misrepresentation?
Overview of Fraud and Willful Misrepresentation: An applicant may be found inadmissible if he or she obtains a benefit under the Immigration and Nationality Act (INA) either through: Fraud; or Willful misrepresentation. Although fraud and willful misrepresentation are...
National Interest Waiver Webinar (NIW) Recording
National Interest Waiver The National Interest Waiver (NIW) is for individuals of exceptional abilities in science, arts or businesses, and advanced degree professionals (M.A., M.S., M.E., M.D., or Ph.D.) or equivalent. Our free webinar will cover various aspects of...
Labor Certification or PERM 101
PERM 101 for the employees and employers to get an estimate of the time and resources required.
How To Handle H-1B RFEs and Denials?
Background: Latest USCIS Data show that the RFE and denial rates still remained significantly high for key employer-sponsored non-immigrant categories in the First Quarter of 2020. There is a difference between denial and RFE. We will talk about H-1B RFEs, Denials,...
Immigration Executive Order Suspending Green Cards
In the last few days, I received hundreds of messages asking about the executive order and its effects on F-1, H-1B, TN, and other non-immigrant visas. In this short video, I tried to answer some of the questions and to provide a bit more information. Hope this is...
Dallas Immigration Court is closed due to COVID-19
The court is currently closed here in Dallas, TX. If you have an appointment in immigration court and you don’t know if you have to be present, please call our office, Ustun Law Group at 469-994-9407, so we can help you determine if you need to present...
COVID-19 and its Impact on H-1B Employees and Employers
Employers across the United States are facing many employment decisions regarding their workforce and operations. Many are implementing closures, work from home policies, furloughs, and closures in order to reduce costs during the COVID-19 slowdown. Employers that employ non-immigrant works holding H-1B status must adhere to additional legal obligations as required by the Department of Labor and USCIS regulations.
“Public Charge” Rule 101
Background The Final Rule, issued in August and originally scheduled to be effective in October, prescribes how DHS would determine whether an alien is inadmissible to the United States based on the alien’s likelihood of becoming a public charge at any time in the...
STEM OPT Cap Gap Extension 101
Purpose of Optional Practical Training (OPT) for F-1 Students OPT provides practical training experience that directly relates to an F-1 student’s major area of study An F-1 student authorized for OPT may work up to 20 hours per week while school is in session and...
Nunc Pro Tunc Usage
What is Nunc Pro Tunc? Nunc Pro Tunc is a Latin phrase which means "Now for then" How Nunc Pro Tunc Can be Used in The Case of Extensions or Status Change Date? A request to change or extend status typically must be filed before the current nonimmigrant status...
What Are the Benefits of EB-1A?
What is EB-1? Employment-Based Immigration First Preference is called EB-1. A foreign national may be eligible for an employment-based, first-preference visa: If they have an extraordinary ability An outstanding professor or researcher A multinational executive or...
Rights and Responsibilities of a Naturalized US Citizens
What is The Importance of the 14th Amendment of the US Constitution The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. Amendment XIV: Section 1 All persons born or naturalized in the United States, and subject to the...
Travel Documents 101 for Immigrants in Transition to Green Card
Winds of Change in USCIS Immigration Requirements U.S. Citizenship and Immigration Services (USCIS) generated a policy memo to update the USCIS Policy Manual to clarify the effect of travel outside the United States by temporary protected status (TPS) beneficiaries...
Significance of Good Moral Character for Naturalization
What is the Immigration and Nationality Act? The Immigration and Nationality Act (INA) was enacted in 1952. The INA collected many provisions and reorganized the structure of immigration law. The INA has been amended many times over the years and contains many...
Look For These Changes On H-1B Visas In 2020
Upcoming Changes On H-1B Visas In 2020 H-1B is often the ticket to immigration for international students, and or high skilled foreign nationals educated abroad who don't have the closest family members living in the USA. It use to be an opportunity for employers to...
H-1B Registration Window Opens from March 1 through March 20, 2020.
What is the Importance of H1-1B Registration? "Under this new process, employers seeking H-1B workers subject to the cap, or their authorized representatives, will complete a registration process that requires only basic information about their company and each...
Things to Remember About the Difference Between CPT vs OPT
NEWS About Fake University and Student Visa Fraud : Since the beginning of this year, Immigration and Customs Enforcement have arrested a total of 250 foreign students at a fake university, reports the Detroit Free Press. You can find more about the news here. In...
Unlawful Presence and Bars to Admissibility
What Counts as "Unlawful Presence" In United States? Unlawful presence is the period of time when an alien is in the United States without being admitted or paroled or when an alien is not in a “period of stay authorized by the Secretary.” The Alien may be...
SaveJobsUSA vs. DHS Update
Background In this action brought under the Administrative Procedure Act (“APA”), Plaintiff Save Jobs USA challenged the Department of Homeland Security’s (“DHS”) promulgation of a final rule allowing certain H-4 visa holders to apply for employment authorization....
What You Should Know About The USCIS Fee Schedule Change Proposal
What is IEFA and How is it Related to Fee schedule? DHS proposes to adjust the USCIS fee schedule, which specifies the fee amount charged for each immigration and naturalization benefit request. DHS last adjusted the fee schedule on December 23, 2016, by a weighted...
Federal Judge of Oregon Issued a Temporary Restraining Order on Implementation of Presidential Proclamation Requiring Health Insurance to Get VISA
News Analysis: Michael Simon, a federal judge of U.S. District Court in Portland, Oregon issued a temporary restraining order on implementation of Presidential Proclamation Requiring Health Insurance for Immigrant applicants. Background: President Trump’s October...
Significance of USCIS’s Clarification of Special Immigrant Juvenile Classification
What is the Special Immigrant Juvenile Classification? According to U.S. Citizenship and Immigration Services: If a person is in the United States and in need of the protection of a juvenile court because they have been abused, abandoned or neglected by a parent, they...
Nightingale v. USCIS: Pending Immigration Records Granted “Class- Action” Status
"Thousands of Immigrants Waiting for Access to Their Immigration Records Granted Class- Action Status" What does that mean? Basis of Litigation: Plaintiffs challenged the systematic delay noncitizens face in obtaining access to immigration case files maintained by...
Asylum 101
Asylum in the United States Modern international refugee protection efforts grew from the ashes of Europe in World War II, bringing together nation-states through the United Nations to offer asylum to refugees uprooted from the war. Every year people come to the...
Analysis of New Visa Restriction Based on Ability to Pay for Healthcare
Background: According to President Trump: "Healthcare providers and taxpayers bear substantial costs in paying for medical expenses incurred by people who lack health insurance or the ability to pay for their healthcare. Hospitals and other providers often administer...
U.S.-Bound Refugees CAP Reduced to 18000!
"Trump administration nearly halves refugee cap for coming year". Politico The United States plans to admit a maximum of 18,000 refugees in the upcoming fiscal year, down from a cap of 30,000 this year, under a new refugee admissions ceiling set by the Trump...
Source Documents Behind Trump’s H1B Visa Restrictions Revealed by AILA!
Current H1B Situation According to National Foundation For American Policy: "Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019 for new H-1B petitions for initial employment, according to a...
What you need to know about Social Media Information requirements while filing DS-160, or DS-260 forms?
Background and the basis for new regulation: Present administration as part of their goal to increase overall screening and vetting process for US visa applications published new regulation in August 2018 for public comments. Those regulations recommended options for...
You Might be Eligible for EB2- National Interest Waiver!
New EB2-NIW clause, and points to consider: In order to apply for a Green Card, you must be eligible under one of the categories listed in USCIS website Furthermore, you will be eligible for Employment-based green cards: if you are an Immigrant Worker, Physician...
Things you need to know about new H1B registration rule
Summary of H1 preregistration rule, and action items before April.
Do not panic about the new ‘Public Charge’ immigration proposal
Do not panic about the new ‘Public Charge’ immigration proposal It has been talked about a proposal in immigration law regarding public benefits (food stamps, TANF, Medicaid, etc.). The proposal would negatively affect those who seek to become permanent residents of...
To speak to a member of our staff and schedule a consultation, please contact our firm at 469-994-9407 today.
Ustun Law Group, PLLC
12700 Hillcrest Rd #125, Unit 126
Dallas, TX 75230
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