If the answer is “yes,” it is time to start thinking about obtaining an H-1B nonimmigrant visa (“H-1B visa”) so that you may stay and work in the United States. What is an H-1B Visa? Much like when in OPT (Optional Practical Training), an H-1B visa allows you to be employed by the company sponsoring [...]

This week, Department of Homeland Security (DHS) Secretary Janet Napolitano designated 11 new countries as eligible to participate in the H-2A and H-2B nonimmigrant visa programs. With the addition of the 11 new designated countries, the following countries are now designated for H-2A and H-2B purposes: Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, [...]

Department of Homeland Security Secretary Janet Napolitano announced late this past Friday that she was designating Temporary Protected Status (“TPS”) for Haitian nationals who are unlawfully present in the U.S. as of January 12, 2010. In the January 15, 2010 statement released by Secretary Napolitano, she stated: “This is a disaster of historic proportions and [...]

In the wake of the devastating earthquake in Haiti, the U.S. Government has sent aid in the forms manpower, food, and water. However, what is to be done with Haitian citizens who reside unlawfully in the U.S.? Will they be sent back to Haiti? For the time being, the answer is “no.” On Wednesday, Homeland [...]

On December 15, 2009, U.S. Rep. Luis Gutierrez (Illinois) introduced the Comprehensive Immigration Reform for America’s Security and Prosperity (CIR ASAP) Act of 2009. Among many other provisions, CIR ASAP would repeal the 287(g) program only allowing the federal governments to enforce federal immigration law. Section 287 (g) was added to the Immigration and Nationality [...]

USCIS announced today that the H-1B Cap has been met for year 2010. This is the end of an unusually long period of time USCIS accepted H-1B nonimmigrant visa petitions. This does not effect extensions, amendments, or change of employers for current H-1B visa holders. Employers may resume filing H-1B petitions on April 1, 2010 [...]