Provisional Waiver Update: USCIS Elaborates on How it Will Determine Criminal and Other Issues

On April 11, 2013 the American Immigration Lawyers Association (AILA) representatives met with USCIS on a variety of topics including the I-601A provisional waiver. AILA inquired into how USCIS was going to make the decision if disqualifying criminal issues or other issues that prevented a person from obtaining a green card – what are known… Read more »

H-1B Cap Hit – Applications Subject to Lottery

The “H-1B cap” – or limited number of H-1B visas allowed to be issued – was met on April 5, 2013, 4 days after the earliest filing date became available on April 1, 2013. A lottery will be held for those applications received from April 1 through 5, 2013. Those cases filed after April 5th… Read more »

New I-9 For US Employers

USCIS has finally issued the new I-9 Form, required for US employers to verify whether an employee is authorized to work in the US. The form’s “Revision Date” is “3/8/2013.” All employers must be using this version by May 7, 2013. If US employers are reverifying existing workers or rehiring prior workers they must use… Read more »

Positive Movements on Comprehensive Immigration Reform

This was an exciting week for advocates of immigration reform with news from the Capitol and the White House.  On January 28, 2013, 8 Senators (Schumer (D), McCain (R), Durbin (D), Graham (R), Menendez (D), Rubio (R), Bennet (D), and Flake (R)) announced a bipartisan agreement on a blueprint for comprehensive reform. First, they all… Read more »

The Proposed Achieve Act for Certain Undocumented

In November 2012, two Senate Republicans introduced the Achieve Act, legislation that could offer renewable work permits to undocumented young people living in the United States. Senators Kay Bailey Hutchison and Jon Kyle, both of whom are retiring in the near future, introduced the bill with support of Congressional Republicans but to a lukewarm response… Read more »

Do Unemployment Rates Affect H-1B Visa Applications?

With the recent downturn in the United States unemployment rate, some individuals can take advantage of the H-1B visa, a three-year, non-immigrant visa for professional foreign workers operating in the United States. Do you qualify for this specialized visa? A qualified immigration attorney can let you know for sure. What is the H1B Visa? The… Read more »

Provisional Waiver Process Becomes Effective

DHS announced today, that the long-awaited provisional waiver process – announced back in April 2012 – has been finalized and will become effective March 4, 2013. The provisional waiver allows for the filing of a new form, I-601A, for qualifying relatives of US citizens present in the US PRIOR to a departure to attend an immigrant… Read more »

Deferred Action Update: Immigration Reform in Obama’s 2nd Term

Some immigrants are celebrating the reelection of President Barack Obama as the continuation of the Deferred Action for Early Childhood Arrivals (DACA) program, a popular Obama initiative that provides work permits for undocumented immigrants who came to the United States as children and who meet several other specific requirements. According to the United States Department… Read more »

I-9 Compliance for Your Colorado Workforce

The federal Immigration Reform and Control Act of 1986 (“IRCA”) states that every employer is required to verify the identity and work authorization status of every employee of the business. This I-9 compliance regulation is critical for all Colorado employers and those across the US. Failure to comply with IRCA’s I-9 rules can result in significant fines, loss of access… Read more »

2nd Circuit Ruling on Defense of Marriage Act (DOMA)

The U.S. Court of Appeals for the Second Court recently struck down Section 3 of the federal Defense of Marriage Act (DOMA) as being unconstitutional and discriminatory. The section of the law defines marriage as being between a man and a woman. Historically, same-sex marriages, regardless of whether they were legal in the jurisdiction performed,… Read more »

Deferred Action Oct Update — Pending Elections

As most readers know, on June 15th the Obama administration announced a new immigration program  — Deferred Action for Childhood Arrivals. While there is not much new information to report, the USCIS FAQ page was updated on Sept. 14, 2012 to provide additional answers to common questions. New questions & answers are highlighted in red with… Read more »

Update: Provisional I-601A Extreme Hardship Waiver

Many are still waiting for further news on the Provisional I-601A Extreme Hardship Waiver. To date, the I-601A waiver is not yet in place, but USCIS still anticipates the proposed regulation to be complete by the end of the year. Background: I-601A Provisional Waiver On March 30, 2012, the United States Citizenship and Immigration Service (USCIS) requested public comments on… Read more »

K-1 Visa Process

Sometimes, people meet their soul mate while on vacation or when visiting friends/family abroad. As an experienced Denver immigration attorney, I see how online dating has spurred more international relationships with an increase in clients wanting to have their significant other close by. The K1 (Fiance) Visa is therefore an option you might want to… Read more »

Visa Options for Investors: EB-5 and E-2 Visas

As the U.S. continues to deal with a struggling economy, entrepreneurs living abroad see opportunity for investment in our country. To enter the US as an entrepreneur, individuals currently have two options:  the EB-5 permanent visa which results in permanent residence or the short-term E-2 visa, which provides legal stay to perform in the business in… Read more »

Deferred Action Program Now Effective as of August 15, 2012

On June 15, 2012, the Obama administration announced a new immigration program — Deferred Action for Childhood Arrivals. This program was announced to give young US immigrants without legal documentation, an opportunity to stop the threat of deportation proceedings and apply for a 2-year temporary work permit. Over 1 million individuals across the US could… Read more »