David Nachman's Blog (10)

After years, President Obama has finally announced his plan for Administrative Relief. It is not an "Executive Decision". It is not an immigration Bill (although it is hoped that it may lead to one). The program will go under the name "Immigration Accountability Executive Action".

The following is a short description of some of the highlights of another part of the President's plan.

Department of Homeland Security Secretary, Jeh Johnson, is directing USCIS to…

After years, President Obama has finally announced his plan for Administrative Relief. It is not an "Executive Decision". It is not an immigration Bill (although it is hoped that it may lead to one).The program will go under the name "Immigration Accountability Executive Action". The following is a short description of some of the highlights of another part of the President's plan.

Enforcement Priorities

The Morton memo and several other policy documents on…

After years, President Obama has finally announced his plan for Administrative Relief. It is not an "Executive Decision". It is not an immigration Bill (although it is hoped that it may lead to one). The program will go under the name "Immigration Accountability Executive Action".

The following is a short description of some of the highlights of the President's plan.

Deferred Action Expansion.

This is the program that allows individuals who fit…

On May 6, 2014, the Department of Homeland Security (DHS) announced the publication of a proposed rule to extend employment authorization to dependent spouses (not dependent children) of certain H-1B workers. On May 12, 2014, DHS published the Notice of Proposed Rulemaking ("NPRM") in the Federal Register. The NPRM was subject to a sixty-day public comment period which ended on July 11, 2014. More than 12,000 comments were received. At present, DHS is reviewing those comments to finalize the…

The H-1B visa program allows U.S. employers to temporarily hire non-immigrants to fill specialized jobs in the United States. Specialized occupations are those occupations that require a “theoretical and practical application of a body of highly specialized knowledge, and …attainment of a bachelor’s or higher degree in a specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” Employers who seek to hire an H-1B nonimmigrant in a specialty…

The "Green Card" is the permanent resident card that is issued to a foreign national who has immigrated permanently to the United States. As many foreign nationals think, immigrating to America and getting a Green Card to remain permanently in the country is not an easy task. The United States welcomes foreign…

U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum 10,000 petitions for U nonimmigrant status (U visas) for fiscal year 2013. This marks the fourth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008. Each year, 10,000 U visas are available for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A…

Kris W. Kobach, Kansas Secretary of State has filed lawsuit in Federal Court seeking Curb Illegal Immigration.

President Obama had issued policy memorandum to defer deportation of young undocumented immigrants and as of July 10, a total of 400, 562 youths had received deferral, which allow them to work legally. Many of the young undocumented immigrants in this category were eligible under the proposed Dream Act.…

David began: "Clearly the most interesting trend in U.S. Business Immigration Law is President Obama's commitment to Comprehensive Immigration Reform ("CIR").

"The recent initiatives under the Deferred Action and Childhood Arrivals (DACA) Program in August 2012 seemed to be the precursor of a DREAM Act. Prospects of CIR could present immigration law options for the over 11 million undocumented foreign nationals in the U.S. The Nachman Phulwani Zimovcak [NPZ] Law Group, P.C. continues…

National Interest Waivers Provide Individuals with Permanent Status.

A foreign national may apply for lawful permanent residence status (green card), and seek a waiver of the job offer and labor certification requirements, by establishing that his or her admission to permanent residence would be in the National Interest.

There is no regulatory or statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each…