Immigration Law

Among our many approved cases during the first part of the year, several stand out.

EB-2 NIW approved for Analytical Chemist.

BIA - Remand:  Our client's case was improperly denied by the district office.  We filed an appeal pointing out the legal and factual errors.  The BIA has remanded the case to the district office for a proper adjudication.

T - Adjustment Cases - All Approved:  We have been representing 18 principal and 18 derivative T visa holders since before there was a T visa category.  As such we have been ahead of USCIS every step of the way.  We are very pleased to report that after 10 years we have finished the last adjustment case and all applicants have received their Green Cards.  These victims are just a few of the nearly 300 individuals held in slave like conditions in American Samoa at the Daewoosa garment factory.  Now, ten years after their rescue all the victims we have represented are permanent residents as well as their qualifying family members.

HHS Waiver Reconsideration - Waiver Recommendation Issued: When the HHS first reviewed our 212(e) waiver recommendation request they did nothing for a full year and then denied it.  We asked that they reconsider the decision and presented recent evidence of additional publications as first author.  Our client's case was reconsidered, the waiver recommendation was granted and the Department of State notified.

No Rush to Publish: In mid to late March rumors began circulating that there would be a significant advancement in India EB-2 priority dates.  We advised our clients that these were just rumors and declined to republish them on our website.  When the May Visa Bulletin was issued the numbers showed only modest movement in India EB-2.

SSA No Match Letters: After a moratorium of several years the Social Security Administration has begun again to send no-match letters to employers.  This is one of those situations where the employer is going to have to take action, yet they cannot make an employment decision simply based on the no match letter.  In other words, a no match letter does not imply an immigration status problem.  If an employer receives a no match letter, or if you are the subject of a no match letter please contact us to discuss your options.

H-1B Season Returns: The first of April marks the beggining of the H-1B season because it is the earliest date to file a petition that uses next years H-1B numbers.  This years have been used up for some time nown.  Each year the USCIS approves a limited number of non-immigrant visa petitions in the H-1B category.  The statutory number is 65,000 but other legislation reduces that number in favor of other categories or sub categories.  This limited availability of visa numbers is not the issue it once was as the economic down turn has reduced the demand for H-1B visas.  The numbers are no longer exhausted in the first week like they once were, but the do get used up long before the end of the fiscal year.

BALCA:  Several first quarter BALCA decisions dealt with Employee Referral Programs.  We frequently use employee referral programs in our PERM additional recruitment.  These programs and our documentation have been subject to several DOL/PERM audits and have all been accepted by the DOL.