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What Is the Initial Master Calendar Hearing?

Posted on Sep 6th, 2017
The Initial Master Calendar Hearing is a hearing that occurs in immigration court for noncitizens whom ICE aims to remove from the US. Purpose of the Initial Master Calendar Hearing As a general matter, the purpose of the Initial Master Calendar Hearing is to advise the noncitizen of the right to present evidence, advise the noncitizen of the right to examine and object to evidence and to cross-examine any witnesses presented by ICE, explain, in non-technical language, the charges and…… Read More »

What Is F-1 OPT and Why Is It Useful for Employers?

Posted on Sep 6th, 2017
Employers may benefit from provisions that allow F-1 students to engage in a period of optional practical training (OPT). Generally, an F-1 student is eligible for a total period of 12 months of OPT for each educational level. However, in some instances, F-1 students are eligible for more than 12 months of OPT. The OPT must be completed within 14-months from the time the student completes his or her academic program, and the OPT must be in a field that…… Read More »

How Do You Change Where Removal Proceedings Take Place?

Posted on Sep 6th, 2017
Switching immigration courts is known as changing the venue. To change venue, the noncitizen (through his or her attorney, ideally) needs to file a motion (a written or oral application requesting a court to make a specified ruling or order) with the immigration court from which he or she wants to switch. Through this motion (a motion for change of venue), a memorandum (a party's written statement of its legal arguments), and documentary evidence, the immigrant must show "good cause." An…… Read More »

How Soon May an F-1 Student Transfer?

Posted on Sep 6th, 2017
An F-1 student may transfer from one school certified by the SEVP (Student and Exchange Visitor Program) to another such school, if the student has consistently maintained his or her F-1 status and the student follows transfer procedures. A DSO (designated school official) is prohibited from refusing to transfer an F-1 student's SEVIS (Student and Exchange Visitor Information System) record. A SEVIS record is the definitive record of student status and visa eligibility. A DSO also is prohibited from terminating…… Read More »

List of the Filing Fees for Each Form You File with USCIS

Posted on Sep 3rd, 2017
Form Number Title USCIS Fee Biometrics Fee AR-11 Alien’s Change of Address Card No Fee N/A EOIR-29 Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer $110 N/A G-28 Notice of Entry of Appearance as Attorney or Accredited Representative No Fee N/A G-28I Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States No Fee N/A G-325/A/C Biographic Information No Fee N/A G-639 Freedom of Information…… Read More »

B-2 to F-1 Change of Status Applicants Face Abrupt USCIS Headwind: The Need to Extend Status

Posted on Aug 31st, 2017
Lately, many potential F-1 students, trying to change status from B-2 to F-1, have faced a headwind: that headwind is insistence by USCIS that certain B-2 to F-1 change of status applicants must have have filed a Form I-539 application for extension of status in order to have their change of status application granted. The particular B-2 to F-1 change of status applicants who have faced this headwind are those applicants whose B-2 status expired no more than 30 days…… Read More »

What Must a Foreign Worker Show to Get a B-1 in Lieu of H-1B Work Visa?

Posted on Aug 31st, 2017
A B-1 in lieu of H-1B (BILOH) visa allows a qualifying foreign worker to enter the US for a short stay to perform activities that would typically require the worker to have an H-1B visa. Workers and employers may desire the worker to have a BILOH visa for many reasons, including cost, speed, and efficiency. However, despite these desires, the foreign worker must meet certain requirements to get the BILOH visa. Getting a BILOH is not as simple or straightforward…… Read More »

What Attestations Does an Employer Make with the LCA?

Posted on Aug 29th, 2017
The law requires an employer to make a few attestations before the Department of Labor will certify the employer's labor condition application (LCA). The LCA is an application submitted to the DOL that establishes, among other things, an employer is paying at least the prevailing wage in a given geographical area to the foreign-national worker. An approved LCA is required for the H-1B visa. Some employers might wonder if there is anything that the employer must attest to in the…… Read More »

Is a B-1 or B-1/B-2 Visa Suitable for a Businessperson?

Posted on Aug 29th, 2017
A noncitizen businessperson with knowledge of how comparably easy it is for many people to get a B-1/B-2 visa might wonder if B-1 status (the status that one may enter the US with, when one has a B-1/B-2 visa) will be suitable for his or her business activities in the US. Mangers of a company, wishing to send some of its personnel to the US temporarily, might wonder the something similar. B-1 status is sometimes suitable to a businessperson's US…… Read More »

Travel Documents from Form I-131: Advance Parole, Reentry Permits, and Refugee Travel Documents

Posted on Aug 28th, 2017
Through Form I-131, an immigrant may receive one of three different kinds of travel documents: an advance parole document, a reentry permit, and a refugee travel document. We will look at each below. Advance Parole Document Authorization for Parole of an Alien into the United States, Form I-512L, is a valid reentry document that a noncitizen gets based on advance parole. Advance parole, is a type of parole which the USCIS grants a noncitizen who is traveling to the US…… Read More »
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