Rachel Browning’s Legal Blog

Smith & Garg, LLC

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Entries Tagged as 'Uncategorized'

Employers and Organizations Exempt from the H-1B Numerical Limitations

January 5th, 2009 · No Comments

            A few weeks ago, I wrote about filing visa applications in the H-1B specialty occupation category, explaining the criteria for employment, the quota (numerical limit of 65,000 visas), and the likelihood that this quota would be reached by the end of the first day it opens, or April 1, 2009.  While the realities of [...]

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Tags: Uncategorized

Consular Processing - Avoiding a Denial

December 30th, 2008 · No Comments

            One of the more frustrating experiences for foreign nationals seeking to enter the U.S. can be consular processing – the application for a visa to enter the U.S. at the U.S. Consulate of the alien’s home country.  While the initial determination of an applicant’s eligibility for a visa lies with the Department of Homeland [...]

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Tags: Employment Based Petitions · Immigration · International Law · Uncategorized

New Adjustments to the H-2B Visa Program for Temporary Non-Agricultural Workers

December 30th, 2008 · No Comments

            The Employment and Training Administration (ETA) of the Department of Labor (DOL) its regulations to initiate new procedures for the issuance of labor certifications to employers sponsoring H-2B non-immigrants entering to perform temporary nonagricultural labor. The new procedures cover the enforcement of employer compliance and certain attestations made by those employers. Specifically, the new [...]

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Tags: Comprehensive Immigration Reform · Employment Based Petitions · Immigration · Temporary Workers · Uncategorized

Voluntary Departure - The Effect of a Motion to Reopen or Reconsider or Petition for Review

December 19th, 2008 · No Comments

The Department of Justice is publishing its final rule to amend the immigration regulations regarding “voluntary departure.”  This rule adopts a previously proposed rule under which a grant of voluntary departure is automatically withdrawn when a motion to reopen or reconsider is filed with the immigration judge or the Board of Immigration Appeals (BIA), or [...]

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Tags: Comprehensive Immigration Reform · Immigration · Uncategorized

USCIS Publishes New Rule for Nonimmigrant Victims of Human Trafficking and Certain Criminal Activity

December 15th, 2008 · No Comments

The Department of Homeland Security will be amending its regulations to permit persons who have been granted T or U nonimmigrant status to apply for adjustment of status to a lawful permanent resident. The new rule will become effective January 12, 2009.  The USCIS has provided the public with a Fact Sheet and Questions/Answers here.
T [...]

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Tags: Uncategorized