The United States Department of State administers the Diversity Immigrant Visa (DV) Program to award green cards to qualifying individuals from countries with low immigration rates to the US. The US awards up to 55,000 visas annually through the program, all of which are awarded through random selection. In this article, we explain who’s eligible […]
The United States Citizenship and Immigration Services (USCIS) is strict about who it grants entry. The agency views foreign nationals with a criminal record negatively and will not admit individuals who have committed certain criminal offences. Therefore, Canadians applying for a green card or permanent residence with a criminal history are at a distinct disadvantage. […]
Major changes in the framework for issuing work permits for spouses L2 and H4 are on the way! A landmark settlement was reached in Shergill, et al v. Mayorkas, which provides significant changes for nonimmigrant L2 and H4 spouses waiting for work permits. Highlights Work Permits for Spouses L2: automatic work authorization incident to status, […]
Marker Research Analysts – H-1B Visa USCIS reached a settlement agreement in the case of MadKudu Inc., et al. v. U.S., Citizenship Services, et al., No. 20-cv-2653 (N.D. Cal.). The settlement agreement provides new guidance for deciding H-1B petitions for market research analysts. In this case, USCIS had denied plaintiffs H-1B petitions for market research […]
A new precedent decision makes clear what will be deemed an aggravated felony for immigration purposes. Matter of Onesta Reyes was decided by the Attorney General on July 30, 2020. In this case, the issue was whether an alien who had been convicted of a criminal offense necessarily was convicted of an “aggravated felony” for […]
Several related diversity visa lawsuits (Filazapovich et al. v Department of State et al.; Goh et al. v U.S. Department of State et al.; Goodluck et al. v Biden et al., among these) were recently filed on behalf of more than 24,000 diversity visa lottery winners from over 100 countries to challenge the U.S. State […]
Diversity Visa Program The Diversity Visa Program (DV Program) makes approximately 50,000 immigrant visas available per year. Visas are drawn randomly amongst applicants from countries with low immigration rates to the United States. As most diversity visa lottery winners are located outside the U.S. at the time they win the lottery, they must obtain their […]
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 […]
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 […]
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 […]
Un juge fédéral de l'Oregon a bloqué l'ordre du président Trump de refuser des visas aux immigrants sans assurance maladie. Le 4 octobre 2019, le président Trump a publié la proclamation présidentielle n ° 9945, «Proclamation présidentielle de la suspension de l'entrée des immigrants qui alourdiraient financièrement le système de santé américain». En vertu de la Proclamation, les immigrants seraient considérés comme des charges financières […]
Can Border Officers Search Your Phone? In November 2019, a Summary Judgment Order was issued in Alasaad v. McAleenan. The order stated that border officers require a reasonable suspicion of contraband to conduct a phone search. The ruling was touted as a major win for privacy rights at the border. That case was brought by […]
Le bureau du procureur des États-Unis pour le district du Vermont a annoncé qu'un grand jury fédéral avait rendu un acte d'accusation de 12 chefs d'accusation contre un homme de Brooklyn, Arleigh Louison. Selon l'acte d'accusation, de fausses déclarations ont été faites à propos de pétitions déposées en vertu de la loi sur la violence contre les femmes («VAWA»). Il est allégué que M. Louison a soumis […]