President-elect Biden is naming Alejandro Mayorkas as the next Secretary of the Homeland Security Department, the government agency responsible for overseeing immigration. Mayorkas brings a wealth of experience to the role. He has been one of the country’s most prominent litigators and impactful government leads in a private sector and public service career spanning more […]
The results are in, Joe Biden will be the country’s next president. Joe Biden’s immigration plans are certainly aspirational. He, like many of his predecessors, wants meaningful legislative reform. The centerpiece of Joe Biden’s immigration plan is to provide a roadmap to citizenship for nearly 11 million undocumented immigrants. His plan also includes improving the […]
Justice Ruth Bader Ginsburg passed away last week and left behind a legacy that rivals any historical figure in recent memory. The Justice had a long, storied history of fighting for equality and fair treatment for all. Most known for her work regarding gender-equality, she also adamantly fought for and supported immigrant rights. Here are 5 […]
Kamala Harris has taken bold stances on a variety of immigration issues such as DACA, Sanctuary Cities, Employment-Based Visas and Family-Sponsored Visas. As Joe Biden’s pick for Vice President, her views are important and can have a major impact on the immigration system as a whole. So, let’s review Kamala Harris’ immigration record. Personal Story […]
TN Management Consultant Visas are available to Canadian or Mexican nationals who are seeking entry to the United States to engage in prearranged, professional level, business activities for U.S. or foreign employers. In 1992, the United States, Mexico and Canada entered into the North American Free Trade Agreement (“NAFTA”) to promote trade amongst the countries. […]
Major U.S. business organizations filed a new H-1B lawsuit challenging a recent Proclamation that blocks foreign nationals from entering the United Sates to work. The organizations claim that the Proclamation “takes a sledgehammer” to the statutes Congress enacted with respect to high-skilled and temporary worker immigration. The Proclamation at issue banned the entry of workers […]
International students may need to leave the United States if they are studying online. U.S. Immigration and Customs Enforcement just announced modifications to temporary exemptions for international students taking online courses due to the pandemic for the fall 2020 semester. As per the new regulations, international students within the United States are not permitted to […]
New restrictions on the issuance of non-immigrant visas. Yesterday, the Trump Administration released the Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. The Proclamation suspends the issuance of visas for those seeking entry pursuant to any of the following: H-1B visa, and any alien accompanying […]
In a 5-4 decision, the Supreme Court ruled against the Trump Administration’s decision to end the Deferred Action for Childhood Arrivals program. Chief Justice Roberts delivered the opinion. DACA, established in 2012, allows certain unauthorized aliens who arrived in the United States as children to apply for a two-year forbearance of removal. Those granted such […]
On March 20, 2020, USCIS announced the suspension of premium processing for all I-129 and I-140 petitions as a result of the coronavirus pandemic. There is now a plan in place for premium processing to resume. The temporary suspension of premium processing included petitions filed for the following categories: I-129: E-1, E-2, H-1B, H-2B, H-3, […]
The AILA Canada Chapter’s new Executive Committee for the 2020-2021 term is as follows: Chair: Ellen Kief Vice-Chair: Jessica Jensen Treasurer: Amanda Goodman Secretary: Matthew Silver Immediate Past Chair: Michael O’Rourke Founded in 1946, the American Immigration Lawyers Association (AILA) is a nonpartisan, not-for-profit organization that provides continuing legal education, information, professional services, and expertise through its 39 […]
The national interest waiver is a useful tool that can speed up the green card process. Most employment-based permanent residence processes require the employer to sponsor the foreign national through a test of the U.S. labor market and a showing that the foreign national is not taking a job away from a U.S. worker. This […]
On Wednesday, US District Judge Michael Simon refused to suspend President Donald Trump’s executive order temporarily suspending green cards. The same judge previously ruled against the administration on a policy that would deny visas to people who can’t pay their own medical costs. Late at night on April 20, the President sent out a tweet […]
J-1 to Green Card is a common transition but it can be complicated by the residency requirement. Exchange visitors who are subject to the two-year home residency requirement are not allowed to apply for a Green Card unless the two-year requirement is satisfied, or a waiver is obtained. J-1 Background The J-1 visa allows foreign […]
The Secretary of Homeland Security made the decision to temporarily limit the travel of individuals from Canada into the United States at land ports of entry along the United States-Canada border to essential travel. US and Canadian officials mutually determined that non-essential travel between the US and Canada poses additional risk of transmission and spread […]