Today the Supreme Court of the United States (SCOTUS) decided to take up the “travel ban” case that has arisen in the 4th and 9th Circuits, and has postponed President Trump’s efforts to ban for 90 days all nationals from entering the United States who are from the following countries: Libya, Yemen, Syria, Somalia and… Read more »
Colorado Immigration Lawyer Blog
Current Immigration Legal Issues
USCIS Announced that All H-1B Rejections for FY2016-17 Processed
Well, another disappointing H-1B season as I had NOT ONE client win the H-1B lottery this fiscal year. It made me realize that I actually had been lucky over the past 5 years since the lottery process has been really competitive with one or more clients winning – but not this year. The H-1B gods… Read more »
Supreme Court Stops DAPA – the Undocumented Immigrant Program
On June 23, 2016, the Supreme Court resulted in a tie vote 4-4 on whether to allow the Obama Administration’s “Immigration Plan” to be implemented. Announced in November 2014 – and also referred to as Executive Action on Immigration or Deferred Action for Parent Accountability (DAPA), the decision was heart-breaking for about 5 million undocumented… Read more »
Why Was My Visa Not Approved ? The Pitfall of Administrative Processing
Have you ever applied for a US visa and been told that your case is “on hold” then waiting weeks or months in the dark? This is very frustrating and unfortunately a very non-transparent area of immigration processing. It is likely that your case is in Administrative Processing. Administrative processing is “code” for delaying adjudication… Read more »
I Obtained my E-2 Visa Now What?
For those foreign nationals, who have received an E-2 visa overseas and entered the US, figuring out the logistics of living here can be a little daunting. Without a social security number and credit history in the US, it can be difficult renting an apartment or house, or even getting business insurance. Without proof of… Read more »
Update on Obama Executive Action/DAPA from the Supreme Court
This last week, the Supreme Court heard oral arguments on the signature immigration case involving the undocumented community, United States v. Texas. The litigation started when President Obama announced he was using his executive authority to expand Deferred Action. Deferred Action derives from the executive’s legal authority to enforce immigration law. Since at least 1956,… Read more »
USCIS H-1B Cap Random Selection Process Completed for FY 2017
It is H-1B Cap Season again. U.S. Citizenship and Immigration Services (USCIS) just held lotteries on April 9 for both the standard and advanced degree H-1B visa caps for fiscal year (FY) 2017, with a work start date of October 1, 2016. Employers filed roughly 236,000 petitions for H-1B guest worker visas, setting a new record…. Read more »
Supreme Court to Rule on Obama’s Immigration Actions including DAPA
The Supreme Court will hear a legal challenge from a coalition of 26 states that alleges President Obama abused his authority when he took executive action on immigration. Obama, frustrated with a defiant Republican-led Congress, created a program through executive action in November 2014 that would allow up to 5 million illegal immigrants—including so-called “dreamers”… Read more »
US Visa Waiver Program Changes Amidst Terrorism Concerns
the Visa Waiver Program has come under scrutiny given the terrorist attack by Muslim extremists in San Bernadino CA in November and an even more gruesome attack in Paris that left 130 dead. The VWP allows citizens of 38 designated countries to travel to the United States for business or tourism without a visa for stays… Read more »
U.S. Nursing Shortage and the Importance of Foreign Nurses
Our visa system is monitored through the Visa Bulletin, issued each month. The bulletin reports which visa category for which countries can proceed through the visa process to completion. Those who do not have a current priority date must wait until their visa becomes what is called “current.” The dramatic reduction in wait times for… Read more »
Colorado Impact Investing Helps Entrepreneurs Build Local Businesses, Healthy Communities
Starting a business is the dream of many Americans and many Coloradoans. Colorado’s natural beauty and healthy lifestyle attracts many people from out-of-state and out-of-country. Nearly 2/3 of the state’s residents were born outside Colorado, while nearly 1 in 10 Coloradans is foreign-born. Many of those who have come to call Colorado home want to… Read more »
DAPA Program for Undocumented Immigrants Stalled Again
The 5th Circuit Court of Appeals today delivered a not-so-surprising blow to the Obama Administration’s effort to widen the Deferred Action program announced in November 2014, almost a year ago. In a 2-1 decision, the Court held the executive order was unconstitutional. The executive orders created a new Deferred Action program called Deferred Action for… Read more »
Opposing Immigration Views on Display at Boulder GOP Debate
As Republican presidential hopefuls squared off inside the Coors Event Center on the University of Colorado campus in Boulder late last month, a group of protesters assembled at nearby Farrand Field to push back against what they see as anti-immigrant and anti-Latino rhetoric coming from GOP candidates. The “My Country, My Vote” rally was spearheaded… Read more »
Immigrants and Entrepreneurship in the US
U.S. immigrants have an impressive record of starting businesses in this country that benefit the economy as a whole—a trend that flies in the face of immigration opponents who argue that newcomers to this country stifle job opportunities for those already living here. Denver recently celebrated all things startup business-related at the fourth annual Denver… Read more »
Congressional Bill Provides Permanent Residence Path for E-2 Visa Holders
A bill introduced in the House of Representatives would allow certain foreign nationals on E-2 visas to apply for permanent residence in the United States. Under current U.S. immigration law, E-2 Treaty Investor visas are issued for two-year periods and may be extended for an additional two-year increment indefinitely. E-2 holders whose visa status expires… Read more »