US Immigration Blog by former INS Trial Attorney Carl Shusterman. How to get a temporary working visa, a green card and U.S. citizenship.
Between January 1 and August 31 2017, USCIS issued 85,000 requests for evidence (RFEs) for H1B petitions. This was a 45% increase over the same period in 2016. We are now in H1B cap season and there are some important factors to take note of in preparing H1B petitions: Timing: H1B cap-subject petitions must be […]
Persons who wish to become naturalized citizens of the United States must take and pass a US citizenship test. The citizenship test consists of 10 questions about U.S. history and government. The applicant is required to answer at least 6 of these questions correctly. On November 13, 2020, the USCIS announced that persons who apply […]
It would seem logical that an immigrant fleeing persecution in his country of origin would have as good a chance to have his asylum case granted in one part of the U.S. as in another. The law and regulations governing asylum are do not vary from state to state. However, this is far from […]
On March 9, I will be conducting a webinar for the Hospital Association of Southern California (HASC) explaining to employers across the U.S. how to go about recruiting international nurses and sponsoring them for temporary visas and green cards. The shortage of RNs is continuing to grow, and for the past few months, I have […]
On January 21, 2022, the Biden Administration announced a number of reforms to benefit the U.S. economy by making it easier for foreign-born STEM professionals to work using OPT, J-1 and O-1A temporary work visas. In addition, the reforms would increase their ability to qualify for green cards under the national interest waiver program. For […]
The shortage of Registered Nurses (RNs) in the U.S. continues to expand as the COVID-19 crisis drags on. With more than half a million RNs anticipated to retire by 2022, the U.S. Bureau of Labor Statistics projects the need for 1.1 million new RNs for expansion and replacement of retirees. U.S. nursing schools have not […]
Update: The Senate Parliamentarian ruled that the immigration provisions discussed below cannot be incorporated in the budget reconciliation bill. Senate Democratic leaders indicated they will turn to alternative immigration proposals that they will present to the parliamentarian soon. People who are have been stuck in long backlogs in the employment-based (EB) and family-based (FB) preference […]
The Center for Disease Control (CDC) issued an order on August 25, 2021 which requires most green card applicants to receive a COVID-19 vaccine and be fully vaccinated. Otherwise, they will be considered inadmissible to the U.S. The order takes effect on October 1, 2021, and applies to both persons applying for adjustment of status […]
The new government fiscal year which starts on October 1, 2021 will be the best year ever for employment-based immigration. Generally, 140,000 persons annually are able to get green cards through employment-based immigration. However, in the coming fiscal year, the number will more than double to over 290,000. Why? Because of the pandemic, U.S. […]
The Future of DACA On June 18, 2020, the US Supreme Court ruled that the Trump Administration’s termination of the Deferred Action for Children Arrivals (DACA) program violated Federal law. In a 5-4 decision written by Chief Justice Roberts, the Court held that the DHS’s decision violated the Administrative Procedures Act. The majority opinion explained […]
