In general, it is unlawful to hire, recruit or refer for a fee, a person who is not authorized to work in the United States. See INA § 274A(a)(1). All employees must be authorized to work, either automatically, via their status as a U.S. citizen or lawful permanent resident, or by approval from the U.S. […]
Earlier this month, the U.S. Court of Appeals for the Eleventh Circuit denied to review a decision of the Board of Immigration Appeals (“Board”) finding Pankajkumar Patel inadmissible and thus ineligible for relief from removal for falsely misrepresenting himself as a U.S. citizen when applying for a driver’s license. See Patel v. Att’y Gen., 3/6/19. […]
Yes. On January 4, 2018, U.S. Customs and Border Protection (“CBP”) released an updated directive to provide guidance and standard operating procedures for searching electronic and digital devices subject to inbound and outbound border searches by CBP Officers. The Federal Government’s authority to conduct searches and inspections of persons and property crossing our nation’s borders […]
The Visa Waiver Program (“VWP”) permits citizens of 38 designated countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, those 38 countries permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa […]
To be eligible for naturalization, permanent residents must establish, among other things, that they have maintained continuous residence and physical presence in the United States for a specific period of time. The time requirements for continuous residence and physical presence vary depending on whether a permanent resident is filing for naturalization under the general naturalization […]
H-1B Cap Petitions refer to the Form I-129, Petition for Nonimmigrant Worker, submitted by companies in the United States on behalf of nonimmigrants. The H-1B Cap filing period begins on, or shortly after, April 1 each year, and generally ends when the U.S. Citizen and Immigration Services (“USCIS”) has received sufficient petitions to fulfill the […]
