Articles

Articles

Lawyering and Litigating in Era of Delays 1000 559 Amy Lenhert

Lawyering and Litigating in Era of Delays

The experienced immigration practitioner will agree that USCIS has never enjoyed a reputation for speedy and efficient case processing. However, in recent years USCIS processing delays have been steadily – often sharply — increasing across the spectrum. From routine applications for employment authorization or for naturalization (which is of increasing concern as we approach an…

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The H-1B Program – Trends and New Developments 3423 2743 Kathleen Grzegorek

The H-1B Program – Trends and New Developments

A key component of the “Buy American, Hire American” Executive Order signed by President Trump two years ago was to create more transparency in employment based visa programs, particularly the H-1B nonimmigrant visa category. To this end, USCIS created a public website, known as the  H-1B Employer Data Hub, to provide information to the public…

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EB-1 Backlog Continues for Fiscal Year 2019 849 565 Candice Garrett

EB-1 Backlog Continues for Fiscal Year 2019

The EB-1 visa backlog remains unprecedented in scope. Note, this category includes EB-1A, Extraordinary Ability; EB-1B, Outstanding Professors and Researchers; and, EB-1C, Intracompany Transferees serving in a managerial or executive capacity. The backlogs are particularly acute for those born in India and China. During a recent meeting with the American Immigration Lawyers Association (AILA), Charles…

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Delay in naturalization applications leads to litigation, Congressional inquiry 1000 559 Amy Lenhert

Delay in naturalization applications leads to litigation, Congressional inquiry

The number of Applications for Naturalization submitted to the United States Citizenship and Immigration Services (USCIS) went up by 25% from 2013 to 2017, and then saw a decline in 2018. The significant jump in the number of applications in 2016 alone contributed to a backlog in processing naturalization (N-400) applications. However, despite the fact…

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Litigating H-1B denials in the “Buy American and Hire American” era 900 515 Amy Lenhert

Litigating H-1B denials in the “Buy American and Hire American” era

In April 2017, President Trump issued an immigration-related executive order that has garnered significantly less attention than the “Travel Ban” order directed at restricting immigration from majority Muslim countries.  However, the “Buy American and Hire American” executive order (also called “BAHA”) has notably impacted the legal immigration system.  The stated objective of the BAHA order…

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Going to Tijuana to Uphold U.S. Law and International Law on Asylum 960 678 Helen A. Sklar

Going to Tijuana to Uphold U.S. Law and International Law on Asylum

Since the 1980s, countless Central Americans have made the difficult decision to leave family, home and community, risking life and limb journeying across Mexico in hopes of reaching the safety of the United States.  The principal sending countries are El Salvador, Honduras, and Guatemala, known collectively as the Northern Triangle of Central America.  It is…

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Effective Use of the Freedom of Information Act 2000 1000 Helen A. Sklar

Effective Use of the Freedom of Information Act

A brief history of FOIA Signed into law in 1967, the Freedom of Information Act (FOIA) was heralded as an iconic achievement on behalf of governmental transparency.  In light of the current attacks on the media and press freedom, it is worthwhile to remember that FOIA was enacted for the stated purpose of implementing “a…

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