The Program Electronic Review Management (PERM) process is the first crucial step for foreign workers seeking permanent residency in the United States through the EB-3 skilled worker category. This labor certification process ensures that hiring foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Nepal's Temporary Protected Status (TPS) designation terminates on August 5, 2025 at 11:59 PM. Nepali nationals currently holding TPS must take immediate action to secure alternative immigration status or face removal proceedings. This guide outlines the primary pathways for changing status to nonimmigrant visas, immigrant visas, or asylum protection.
Fraudsters increasingly targeting immigrants with fake government calls demanding immediate payment.
I-94 documents should be checked periodically to avoid any errors in being out-of-status. This article provides crucial information regarding your I-94 and correcting you incorrect I-94 if provided.
As a lawful permanent resident (green card holder) of the United States, international travel is generally permitted. However, certain circumstances can complicate re-entry into the U.S., potentially leading to delays, secondary inspections, or even denial of entry.
H-1B-dependent IT consulting firms face unique challenges in complying with the evolving landscape of immigration law, particularly after the implementation of the H-1B Modernization Rule effective January 17, 2025. From navigating third-party placements and verifying specialty occupation roles to handling FDNS site visits and DOL audits, compliance is no longer optional—it is a business imperative.
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d).
If someone has recently received a SEVIS termination letter and their F-1 visa status was canceled, it is a serious matter that may lead to expedited removal, arrest, or removal proceedings in immigration court.
The H-1B visa landscape has undergone a significant transformation following the ITServe Alliance v. USCIS settlement and the release of the H-1B Modernization Rule. These changes have created both opportunities and responsibilities for employers and foreign workers alike. Below is an overview of the current state of H-1B adjudications and how employers can navigate the new expectations while maintaining full compliance.
The H-1B visa lottery remains fiercely competitive, with demand consistently exceeding the annual CAP of 85,000 visas (65,000 for the general category and 20,000 for the advanced degree exemption). As a result, many highly qualified foreign nationals find themselves without an H-1B visa. Fortunately, there are several alternatives to consider, ranging from other nonimmigrant visa categories to various green card options. Below, we discuss some of the most viable alternatives.
Under the Immigration and Nationality Act (INA), a lawful permanent resident (LPR) who is absent from the U.S. for over 180 days is treated as seeking ‘re-admission' and is subject to grounds of inadmissibility. While the issue of abandonment of green card status typically arises when the individual has been outside the U.S. for more than a year (365 days), even shorter stays abroad are now coming under increased scrutiny.
With the return of the Trump administration, U.S. immigration policies are expected to undergo stricter enforcement, particularly at ports of entry. Recent reports indicate that even visa holders with previously stable statuses, such as H-1B, L-1, O-1, and F-1 (OPT/STEM OPT/CPT), are facing increased scrutiny upon reentry. ESTA travelers, B-1/B-2 visitors with multiple U.S. entries, and those engaged in third-party work arrangements are also experiencing heightened questioning. Given these uncertainties, green card and visa holders should avoid international travel for at least a year until we have better clarity on the administration's enforcement priorities and entry procedures.
The U.S. Citizenship and Immigration Services (USCIS) requires certain non-U.S. citizens (aliens) to register their presence in the United States. This article provides a step-by-step guide to the registration process, including who needs to register, how to complete Form G-325R, and the consequences of failing to comply with this requirement.
U.S. Customs and Border Protection (CBP) possesses the authority to search electronic devices—including phones, laptops, and tablets—of anyone entering the United States, encompassing both citizens and non-citizens. These inspections can occur at land crossings, airports, seaports, and even at CBP preclearance locations abroad, such as Dublin or Toronto. Notably, these searches can be conducted without a warrant or suspicion.
People living in the U.S., including undocumented immigrants, have certain constitutional rights.
As the H-1B lottery registration opens today, it is crucial for employers and applicants to follow proper procedures to avoid disqualifications, Requests for Evidence (RFEs), or fraud allegations. Here's a guide on what to do and what not to do when registering for the FY 2026 H-1B CAP lottery.
The L-1A visa, originally designed to facilitate the transfer of multinational managers and executives to the United States, has increasingly become a tool for IT companies to circumvent the stringent requirements of the H-1B program. With the H-1B visa subject to an annual lottery system and the L-1B specialized knowledge category difficult to prove, some IT firms have allegedly misrepresented job titles and responsibilities to qualify employees for L-1A visas. This practice has sparked legal battles, False Claims Act lawsuits, and whistleblower allegations exposing widespread visa fraud.
The H-1B visa is one of the most sought-after work visas for foreign professionals seeking employment in the United States. It allows U.S. employers to hire highly skilled foreign workers for specialty occupations, typically in fields such as technology, engineering, healthcare, finance, and academia. This temporary visa plays a crucial role in bridging the talent gap for American companies while providing career opportunities for international talent.
The H-1B visa lottery is an essential step for U.S. employers seeking to sponsor foreign professionals for specialty occupations. As we approach the fiscal year 2026 (FY26) H-1B CAP registration period, it is crucial for employers and beneficiaries to understand the rules and potential pitfalls associated with the process.
Securing a successful H-1B CAP approval under the H-1B Modernization Final Rule (effective January 17, 2025) requires a well-documented petition that clearly demonstrates the specialty occupation nature of the job and the beneficiary's qualifications. Below are key steps to establish the specialty occupation, strengthen the H-1B petition, and minimize the risk of a Request for Evidence (RFE).
The EB-1A (Alien of Extraordinary Ability) green card is one of the most sought-after routes for individuals looking to move to the United States without employer sponsorship or the need for significant financial investments.
The EB-1A is an employment-based, first-preference category green card designed for individuals who possess extraordinary ability in fields such as sciences, arts, education, business, or athletics. To qualify under EB-1A, the individual must demonstrate sustained national or international acclaim and show that their achievements have been recognized in their field. Importantly, no employer sponsorship or job offer is required for this category, which allows the individual to self-petition.
When an employer terminates an H-1B worker, failing to follow the correct procedure can result in significant financial liability, including back wages owed to the employee. The U.S. Department of Labor (DOL) requires that employers adhere to a process known as a bona fide termination to avoid ongoing wage obligations.
The “Keeping Families Together” Parole-in-Place (PIP) program is designed to help eligible noncitizen spouses and stepchildren of U.S. citizens stay in the U.S. and eventually apply for lawful permanent residence. This guide provides a step-by-step approach to applying for parole under this program. It is highly recommended that applicants seek the assistance of experienced immigration attorneys, who can not only assist with the parole application but also prepare for the future I-485 adjustment of status application.
The H-1B visa is a coveted work visa for foreign professionals seeking employment in the United States. However, receiving a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS) can be a daunting obstacle in the H-1B application process. An RFE indicates that USCIS requires additional information or documentation to make a decision on your petition. Successfully responding to an RFE is crucial to the approval of your H-1B visa.
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