On March 11, 2022, the Board of Immigration Appeals (BIA or Board) sustained the DHS appeal of an order by an Immigration Judge (IJ) granting Respondent’s application for adjustment of status (AOS) along with an INA §212(i) waiver of inadmissibility. DHS contended that Responded had filed a frivolous asylum application and was therefore barred from the requested relief. The IJ’s decision was thus vacated and the record remanded.
Understanding the TN, E-3, and H-1B1 (Treaty Based) Visas
Noncitizens of the United States often have many questions about the various types of work visas. In this article, we compare the general characteristics of H-1B, TN, E-3, and H-1B1 visas. The H-1B visa classification is the one that most employers and foreign nationals think about. But the H-1B is numerically limited. Working with an attorney that knows the treaty based visas may provide options.
BIA: APPLICANT FOR ADJUSTMENT
BIA HOLDS THAT AN APPLICANT FOR ADJUSTMENT OF STATUS UNDER INA §209(b) MUST POSSES ASYLEE STATUS AT THE TIME OF ADJUSTMENT AND, THUS, AN APPLICANT WHOSE ASYLEE STATUS HAS BEEN… CONTINUE
BIA: ISSUES AMICUS INVITATION NO. 22-16-03
BIA: Board of Immigration Appeals (BIA or Board) welcomed interested membersBIA ISSUES AMICUS INVITATION NO. 22-16-03 On March 16, 2022, the Board of Immigration Appeals (BIA or Board) welcomed interested… CONTINUE
BIA: Respondent Receives Sufficient Written Notice
BIA Holds That A Respondent Receives Sufficient Written Notice To Support The Entry Of An In Absentia Order Of Removal, Even If He Or She Was Served With A Noncompliant… CONTINUE
BIA: Criminal Proceeding May Be Considered
BIA HOLDS THAT THE AMOUNT OF FORFEITURE ORDERED IN A CRIMINAL PROCEEDING MAY BE CONSIDERED IN DETERMINING WHETHER A CRIME OF FRAUD OR DECEIT RESULTED IN A LOSS TO A… CONTINUE
Board of Immigration Appeals (BIA or Board) welcomed interested members
On March 16, 2022, the Board of Immigration Appeals (BIA or Board) welcomed interested members of the public to file amicus curiae briefs discussing what factors the Board should weigh… CONTINUE
How to Move from OPT and/or STEM OPT to H-1B
Many noncitizens in the United States have questions about EAD STEM and whether they can apply for H-1B while on STEM OPT. In this article, we cover many of the… CONTINUE
H-1B Registration
The H-1B registration process for this year’s “lottery” (FY 2023) has been announced. WHAT WE KNOW Each employer must create a myUSCIS registrant account. If more than one person within… CONTINUE
“Arriving Alien” Info & Questions
The terms “arriving alien” or “alien” are somewhat controversial and politically fueled verbiage. However, these terms are considered legal terminology in the United States Code of Federal Regulations. However, aliens… CONTINUE
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