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January

Blog Posts in January, 2021

  • J-1 Visa Waiver Applications

    To bypass the law that allows J-1 holders to be physically present for two years in their home country, a J-1 visa waiver is required. How do I know if I am subject to the two years of home-country physical presence requirement? If your J-1 exchange visitor program meets any of the following requirements, you are subject to the two-year home-country physical requirement: Government-Sponsored ...
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  • EB-2 National Interest Waiver (NIW) Petitions

    There are two forms of legal permanent pathways that bypass both the labor certification and job offer requirements: EB-1 immigrant petitions for managers, executives, outstanding researchers or professors, and people with extraordinary achievements; and EB-2 immigrant petitions for advanced degree holders and people with exceptional ability who obtain an NIW. EB-2 petitioners can bypass the ...
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  • USCIS Suspending In-Person Services Jan. 19 and 20

    U.S. Citizenship and Immigration Services today announced it will temporarily suspend in-person services at all field offices, asylum offices and application support centers on Jan. 19 and 20 to ensure the safety of our employees and individuals with appointments. USCIS will reschedule individuals who had appointments on Jan. 19 and 20 and send them notices with their new appointment dates. The ...
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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

    A Question of Eligibility 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 ...
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