Nov
29

Protection against Search and Seizure in Immigration Proceedings

The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures. In criminal cases, evidence discovered during an unreasonable search or seizure, such as during a warrantless arrest, can be suppressed in court. However, in civil cases, this “exclusionary rule” is generally not available.

The American legal system views immigration law proceedings civil matters. This was determined by the Supreme Court in the decision INS v. Lopez-Mendoza, 468 U.S. 1032 (1984). Because of this, the exclusionary rule usually cannot be used by respondents in immigration...

Nov
29

The Investment Subsidiary and the E visa

It is well known that citizens of certain countries may enter the United States to establish a trade relationship with their home country or to invest in the United States.  Few people, however, know that companies can establish the same relationship as the individual investor.  This novelty in the law allows for some very flexible opportunities and creates the capacity to move personnel quickly from abroad into the United States.

The E visa has two categories: the E-1 visa for treaty traders and E-2 visa for treaty investors.  Both are temporary, nonimmigrant visas for individual or...

Nov
29

The Other Visa Cap Problem - the Annual U Visa Cap Injustice

The United States Citizenship & Immigration Service (USCIS) is currently in the midst of distributing all of the 10,000 U visas which are available for fiscal year 2016. What we at Wilson Law Group have begun to call “U Visa Season,” begins on October 1 of each year, and is over by the New Year. It is during this period that the Vermont Service Center (VSC) allocates all of the 10,000 principal U visas that are available for that year. Applicants who have not received their U visas by the beginning of 2016 are relegated to wait at least one more year for their coveted visa.

U visas are...

Nov
29

Will Executive Action for Parents Ever Happen?

On November 10, 2015, the U.S. Court of Appeals for the 5th Circuit ordered to uphold an injunction against deferred action benefits for a broader group of students and parents of U.S. citizens. Over the last few days, I have spoken with countless people to clarify the confusion over the effect of the ruling, the future for the deferred action benefits, and the status of the first round of DACA benefits. So here is the breakdown:

First: The 2012 Deferred Action for Childhood Arrivals 

In the summer of 2012 President Obama announced Deferred Action for Childhood Arrivals “DACA”, or...

Nov
1

Immigration Courts Must Consider Conditional Parole as an Alternative to Bond

In recent years, Immigration Judges (“IJs”) have universally denied requests for conditional parole under section 236(a) of the Immigration and Nationality Act (“INA”). IJs countrywide read this statutory provision to mean that a minimum $1,500 bond is required for releasing a detained immigrant. As a result of this interpretation, many indigent and low-income immigrants stay locked up in detention facilities because they could not afford to pay monetary bonds. Many of these individuals do not pose any public safety concerns, and alternative release conditions would...

Oct
11

New Rules, More Planning - the need to act now for H-2Bs in 2016

H-2B Temporary Visas Changes Make Now the Time to Act

Employers can seek to hire foreign nationals from certain countries to perform nonagricultural labor of services in the United States through the H-2B program.  H-2B visas can be issued for both skilled and unskilled labor in the United States, although H-2B visas are more typically issued for the landscaping, construction, and tourism and hospitality industries. 

In April 2015, the Department of Labor (DOL) and Department Homeland Security published new regulations that made many changes to the H-2B program.  These changes make

    • Sep
    21

    STEM and Extended OPT - forcing regulations for the future

    D.C. Court Vacates STEM Rule, but Allows DHS to Remedy Problem - WLG Expects STEM Program to Remain Unchanged

    In a decision last week, on August 12, 2015, a district court in Washington D.C. decided to vacate a 2008 rule by the U.S. Department of Homeland Security (DHS) that allowed an additional 17 months of work authorization to eligible Science, Technology, Engineering, and Mathematics (STEM) students in F-1 status.  A main issue in the lawsuit was whether DHS exceeded its authority by issuing the 2008 rule without notice and comment to the public.  DHS argued that it had good cause to...

    Jun
    28

    Lost in the H-1B Lottery - What Are My Options Now?

    This year, USCIS received over 233,000 H-1B petitions for this fiscal year 2016, which exceeds last year’s count (172,500) by over 60,000 petitions.  As you likely know, there is a general statutory cap of 65,000 for H-1B petitions in a given fiscal year, with an additional 20,000 available under the advanced degree exception known as the masters cap.  Through its computer-generated lottery system, USCIS first selects petitions for the masters cap.  Any unselected petitions in this category then become part of the 65,000 general cap selection.  On April 7, 2015, USCIS announced that...

    Jun
    28

    Lessons Learned from the Department of State Hardware Failure

    In the past two weeks, hardware computer problems halted the issuance of thousands of visas and passports at US consulates and embassies throughout the world.  As of yesterday, two thirds of consular posts are up and running again, sending visas and passports to anxious applicants.  For some, this presented a small inconvenience or had no effect at all.  Other families faced hardship, missing births of children and experiencing financial hardship with extended hotel stays. Thankfully, the Department of State was able to proceed with humanitarian or emergency requests on a case-by-case...

    Mar
    10

    Certain H-4 Dependents Now Eligible for Work Permits as of 05/26/2015

    One of President Obama’s executive actions announced in November 2014 was to amend its regulations to extend work authorization to certain H-4 dependent spouses in an effort to improve the U.S. immigration system and provide greater economic stability to affected families.  USCIS announced last month that it will begin accepting employment authorization applications for eligible H-4 spouses on Tuesday, May 26, 2015. 

    It is important to note that the eligible H-4 derivative applicants are limited to the following individuals who are:

    dependent H-4 spouses of H-1B nonimmigrants who are the...

    Pages