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  • Deferred Action for Childhood Arrivals (DACA)
    What is Deferred Action for Childhood Arrivals? As the Department of Homeland Security (DHS) seeks to focus its enforcement resources on the removal of persons that pose a danger to national security or a risk to public security, DHS will exercise prosecutorial discretion as necessary to ensure that enforcement resources are not wasted on low-priority cases, such as individuals who came to the ...
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  • DHS and DOL Rules Altering the H-1B Process and Prevailing Wage Levels
    We have received confirmation that the Department of Labor (DOL)’s Prevailing Wage Rule titled, “ Restructuring of H-1B/H-1B1/E-3 and PERM Wage Levels ” has completed final stages of review and is expected to be republished as a final rule on Thursday, January 14, 2021. The rule is expected to take effect 60 days from the date of publication. The effective date of the rule will likely be further ...
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  • 4 Types of U.S. Work Authorizations
    If you are a foreign national seeking to work in the United States, you will need to gain authorization from the government. There are four main types of work authorizations available to immigrants in the United States. The type of authorization you request will depend on the amount of time you want to remain in the U.S. and whether working will be the sole purpose of your travels. Our Dallas ...
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  • What Are the Visa Preference Categories for Permanent Workers?
    If you have the right combination of skills, education, and experience, you could be eligible to live and work in the United States permanently. The U.S. Citizenship and Immigration Services (USCIS) has five set employment-based immigration visa preferences. The more qualifications and experience you have, the more likely you will qualify for a permanent visa. Our Dallas immigration attorneys have ...
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  • Innova Solutions v. Baran: Computer Programmer is a Specialty Occupation Under the H-1B Visa
    The Ninth Circuit released its opinion on December 16, 2020 in Innova Solutions, Inc. v. Baran , which concerned a technology corporation, Innova, which decided to recruit an Indian employee in the Computer Programmer specialty profession, and filed an H-1B petition on his behalf. Innova Solutions, Inc. v. Baran, No.19-16849, *4. USCIS dismissed the petition arguing that Innova failed to explain ...
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  • Judge Orders Government To Fully Reinstate DACA Program
    Late Friday afternoon, a federal district judge ordered the Trump administration to fully reinstate the Deferred Action for Childhood Arrivals (DACA) program. Under the order, Judge Nicholas Garaufis of the U.S. District Court in Brooklyn instructed the Department of Homeland Security to begin accepting new applications for the Deferred Action for Childhood Arrivals program. The judge also ordered ...
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  • New DOL and DHS Rules Set Aside by Federal Court
    On December 1, 2020 , a California District Court set aside the Department of Labor (DOL) and Department of Homeland Security (DHS) rule intended to increase prevailing wages and restrict the eligibility for H-1Bs. The district court determined that the agencies did not follow proper rule-making procedures thereby violating the Administrative Procedures Act. At this time, it is unknown whether the ...
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  • Do I Need an Employment Immigration Attorney?
    When applying for a green card or an immigrant visa in the United States, you don’t need to obtain attorney's services. However, having an experienced attorney on your side can significantly impact the outcome of your visa application. Below we have put together some cases in which having an immigration attorney is beneficial. You're Unable to Figure Out Your Options As a skilled worker, you may ...
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  • Can I Get a U.S. Work Visa Without Sponsorship?
    If you are a foreign national who wants to work in the United States, you might be wondering if you can get a U.S. work visa without having to secure a job. However, many U.S. visas require you to have a job offer secured if you want to work in the United States. Our Dallas immigration attorneys explain if it is possible to get a work visa without sponsorship from an employer. How to Get a U.S. ...
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  • Premium Processing Fee Increase Effective Oct. 19, 2020
    U.S. Citizenship and Immigration Services (USCIS) today announced it will increase fees for premium processing, effective Oct. 19, as required by the Continuing Appropriations Act, 2021 and Other Extensions Act, Pub. L. No. 116-159 , signed into law on Oct. 1. The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of certain forms, ...
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  • Can I Still File an Adjustment of Status During COVID-19?
    Thousands of U.S. visa holders apply for an adjustment of status every year to obtain their green card and become permanent residents. However, the spread of COVID-19 has significantly impacted the U.S. immigration system. If you are a visa holder who is currently present in the United States, you might be wondering if you can still apply for an adjustment of status amidst the current health ...
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  • Common Immigration Questions Asked During COVID-19
    With so many immigration changes occurring during the COVID-19 pandemic, thousands of people have been affected in and out of the United States. Our team at Akula & Associates P.C. has been getting many questions about the recent changes and their impact on immigration status and visa applications. Our Dallas immigration attorneys have put together answers to the most commonly asked questions ...
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  • A Federal District Court Grants Injunction to Freeze USCIS Increase in Fees
    Several non-profit organizations filed suit against the Department of Homeland Security and USCIS to prevent implementation of the USCIS Fee Schedule & Changes to Certain Other Immigration Benefit Request Requirements, 85 Fed. Reg. 46,788 (Aug. 3, 2020) (“Final Rule”) and to stay its effective date of October 2, 2020. The U.S. District Court for Northern District of California issued a nationwide ...
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  • H-1B Visa Application Process [Infographic]
    Filing a U.S. visa application can be complex and overwhelming. For such reasons, our team at Akula & Associates P.C. has put together an infographic that illustrates the basic steps to apply for an H-1B visa. If you need help applying for an employment visa, our Dallas immigration attorneys are here to help you. Get in touch with our team today to learn more about how we can guide you through ...
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  • How Long Does It Take for a Work Visa to Get Approved?
    Applying for a U.S. work permit can be an extensive and complex process. It’s important to apply for the visa that is best suited for your unique qualifications. Once you find the right employment visa for you and you obtain legal guidance for your application process, you have to wait to see if your visa is approved or denied. Our Dallas immigration lawyers explain how long it takes for a work ...
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