Posted on April 16, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/vMA3D Try an O-1. USCIS announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.
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Posted on April 15, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/vGF9P The State Department announced that the U.S. Embassy in Manila, Philippines is closed for all routine American Citizen Services from November 13, 2013 through November 15, 2013, in order to assist with Typhoon Yolanda recovery efforts.
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Posted on April 14, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://youtu.be/5CwKDFzx88c
How to know if you are hiring a good immigration attorney and deportation lawyer.
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Posted on April 14, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/vGErT The AAO sustained the appeal of an I-140 EB-1C multinational executive/managerial petition, rejecting the adjudicator’s imposition of a requirement that the petitioner be a direct party to contracts or a direct provider of goods and services to an unaffiliated third party in order to have been “doing business.”
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Posted on April 13, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/vGE1B As of April 4, 2014, USCIS receipted 20,326 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 15,824 approved and 4,502 pending beneficiaries.
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Posted on April 12, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/vERuj
USCIS announced on April 7 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption.
USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption. On April 10, 2014, USCIS completed a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and 20,000 cap under the advanced degree exemption. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.
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Posted on April 11, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/vEpkv Under the law of the United States Court of Appeals for the Ninth Circuit, the offense of attempted possession of a stolen vehicle in violation of sections 193.330 and 205.273 of the Nevada Revised Statutes, which requires only a mental state of “reason to believe,” is not categorically an aggravated felony “theft offense (including receipt of stolen property)” under sections 101(a)(43)(G) and (U) of the Immigration and Nationality Ac
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Posted on April 10, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/vx9wD BIA on §237(a)(1)(H) Waiver Eligibility
In an unpublished decision, the BIA agreed with the IJ that the respondent was statutorily eligible for a waiver of deportability under §237(a)(1)(H) as a matter of discretion, even though he failed to disclose his time in the Serbian Army on his refugee application.
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Posted on April 10, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/vEmEz An alien whose status has been adjusted from asylee to lawful permanent resident cannot subsequently readjust status under section 209(b) of the Immigration and Nationality Act, 8 U.S.C. § 1159(b) (2012).
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Posted on April 9, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/vx9nj Preliminary Settlement Agreement in Duran-Gonzales v. DHS
The U.S. district court in Washington granted preliminary approval of a settlement agreement in Duran-Gonzales v. DHS. This class action lawsuit challenged DHS’s contention that individuals who were removed or deported are not eligible to apply for adjustment of status under INA §245(i) with an accompanying I-212 waiver. The settlement agreement would allow certain qualifying class members to request that USCIS reopen their Forms I-212 and I-485 on service motion.
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