USCIS H-1B Lottery Process Will Remain Unchanged for the Following Year

USCIS H-1B Lottery Process Will Remain Unchanged this Year

Written by Taher Kameli & Chathan Vemuri In what is sure to be welcome news for H-1B visa applicants, the US Citizenship and Immigration Services ( USCIS ) announced that the H-1B electronic registration and lottery process for this year would be identical to that of last year, as opposed to the Trump administration’s proposal to make the lottery of H-1B visas dependent on wage levels for H-1B positions.[1] Under the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions rule (Modification Rule), H-1B application cases would have been prioritized according to the

USCIS Adds a List of Factors That May Be Relevant in Considering Adjusting an Applicant’s Status

Status Application Adjustments Guidelines Updated by USCIS

Written by Taher Kameli & Chathan Vemuri On November 17, 2020, the United States Citizenship and Immigration Services (USCIS) updated their guidelines in their Policy Manual regarding what type of discretion the Department of Homeland Security (DHS) should use in adjudicating status application adjustments.[1] Typically, in order to get approval for adjustment of his/her/their immigration status, the applicant must show their eligibility and prove that an exercise of discretion in favor of his/her/their application is warranted.[2]   Whether discretion is positive or negative depends on how the USCIS balances and weighs

Important Dates Forthcoming Before End of Year 2019 for United States’ Residency by Investment Program

Residency by Investment Program EB-5 In United States

Written by: Taher Kameli, Esq. Would you like to be a resident of the United States?  The United States, often referred to as the “land of opportunity”, is considered an attractive destination for many immigrants, with its strong economy, high level of education, health care, and standard of living, political freedoms, and diverse culture.  If you are interested in residing in the United States, you should note that important dates will be forthcoming before the end of year 2019 for the United States’ residency by investment program (known as the “EB-5 program”). On July

USCIS Says Certain Children of U.S. Government Employees And U.S. Armed Forces Members Born Overseas Are Not Automatically U.S. Citizens

Government Employees Born Overseas Not Automatically Citizen

Written by: Taher Kameli, Esq While one can easily criticize many of the anti-immigration policies issued by the Trump administration for their substantive positions, to the extent that government policy consistency is beneficial, you cannot fault the Trump administration for lack of general consistency on immigration issues.  Whatever the immigration issue, from migrant rights to green card rights to citizenship rights, the Trump administration will generally consistently adopt the position on the issue that restricts, and is adverse to, such migrant rights, green card rights, or citizenship rights. As another example of the Trump administration’s generally

New Eb-5 Regulations Near Publication May Significantly Modify Eb-5 Requirements

New Eb-5 Regulations May Modify Eb-5 Requirements

Written by: Taher Kameli, Esq. The EB-5 program has been a popular vehicle for immigrant investors to obtain green cards, and status as a permanent lawful resident, in the United States.  Under the EB-5 program, by investing $500,000 in a project located in a “targeted employment area” (generally rural areas and areas with high levels of unemployment) (“TEA”) that creates 10 full-time jobs, the immigrant investor generally can obtain a green card.  Persons interested in the EB-5 program should note that new regulations are near publication that may significantly modify the requirements of the

ICE Intending to Assess Thousands Of Dollars In Fines On Some Undocumented Immigrants

ICE Intending to Assess Thousands Of Dollars In Fines

Written by: Taher Kameli, Esq. It should come as no surprise to anyone that the Trump administration wants to take adverse action against undocumented immigrants. The latest such example is in the area of financial penalties. Following an executive order by President Trump, U.S. Immigration and Customs Enforcement (ICE) is intending to assess thousands of dollars in fines on some undocumented immigrants. Shortly after taking office, on January 25, 2017, President Trump signed an executive order authorizing “the assessment and collection of all fines and penalties that the Secretary is authorized under the law to assess and collect from aliens

Supreme Court At Least Temporarily Blocks Trump Administration from Adding Citizenship Question To The 2020 Census

Supreme Court Blocks Citizenship Question on 2020 Census

Written by: Taher Kameli, Esq. On any number of issues affecting immigrants, the Federal judiciary has blocked anti-immigration efforts by the Trump administration.  Generally, these actions by Federal judges have come at the District Court and Court of Appeals levels. However, on June 27, the Supreme Court also acted against an anti-immigration policy of the Trump administration, at least temporarily blocking it from adding a citizenship question to the 2020 census. The case (Department of Commerce v. New York, Docket No. 18-966) arose from the decision in March, 2018

Federal Judge Blocks ICE from Making Courthouse Arrests of Undocumented Immigrants In Massachusetts

Judge Blocks ICE from Making Courthouse Arrests of immigrant

Written by: Taher Kameli, Esq. Given the anti-immigration policies of the Trump administration, it would not be wrong to characterize Federal judges as the “BFF” of immigrants in the United States.  On numerous immigration issues, the decisions of Federal judges have been critical to safeguard the rights of immigrants and restrict the actions of the Trump administration.  Another example of a Federal judge protecting the rights of immigrants occurred on June 20, with the decision of U.S. District Court Judge Indira Talwani to block U.S. Immigration and Customs Enforcement (“ICE”) from making courthouse arrests

Illinois Becomes First State to Ban Private Immigration Detention Centers

Illinois to Ban Private Immigration Detention Centers

Written by: Taher Kameli It has been said that in the face of Congress’ general inability to reach an agreement on immigration issues, and President Trump’s anti-immigration policies, only the judicial branch of government appears to be available to protect immigrant rights. However, such a statement ignores another part of our overall government system – the states. That the states can support immigrant rights was evidenced on June 21 when Illinois Governor JB Pritzker signed a bill under which Illinois became the first state to ban private immigration detention centers. The bill, HB 2040 (the “Private

5 Benefits of a US Citizenship

5 Benefits of a US Citizenship & rewarding opportunities.

Written by: Taher Kameli, Esq. The United States of America is a powerhouse of opportunities, both personal and professional, and is one of the most coveted countries for expats. People from all over the world move to the U.S. looking for rewarding professional growth opportunities. The stunning physical features, highly developed infrastructure, and welcoming people are reasons enough for people to seek green card and settle down there. If you are considering getting U.S. citizenship, be prepared to get a whole new set of privileges, rights, and benefits. But here are a few obvious ones you are likely to