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Tag: INA

  • EB-2 National Interest Waiver Policy for STEM Graduates

    Since 1990, the Immigration and Nationality Act (INA) has provided that certain individuals eligible under the Employment-based, second preference (EB-2) immigrant visa classification may obtain a waiver of the job offer requirement if the U.S. Citizenship and Immigration Services (USCIS) deems such waiver to be in the “national interest.” This waiver provision applies only to […]
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  • What is the Definition of a Child According to U.S. Immigration Law?

    The Immigration and Nationality Act (INA) and the United States Code (U.S.C.) list the qualifications that establish the definition of a “child” under U.S. Immigration Law. This definition serves as a guideline for aliens who wish to come to the U.S. with their children. Under these laws, there are six different types of children: The […]
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  • The Sinema-Tillis Immigration Proposal

    Senators Kyrsten Sinema (I-AZ) and Thom Tillis (R-NC) have recently proposed a bipartisan immigration bill to protect Dreamers from deportation, ensure availability of immigrant visas, and improve the processing of migrants at the United States southern border during the lame duck session.  Currently, immigration issues are contentious across the country, making it imperative that Congress […]
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  • USCIS Extends COVID-19-related Flexibilities

    U.S. Citizenship and Immigration Services (USCIS) recently announced that it is extending certain COVID-19-related flexibilities through January 24, 2023, to assist applicants, petitioners, and requestors.  Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in certain requests or notices before taking any action, if the request […]
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  • Immigration Consequences of Being Sentenced to a Conditional Discharge in New York

    What is a Conditional Discharge? Under New York Penal Law section 65.05, a conditional discharge is a sentence that a judge can impose if they believe that neither a sentence of imprisonment nor one of periodic imprisonment or probation supervision is appropriate based on the nature and circumstances of the offense and the history, character, […]
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  • Automatic Acquisition of Citizenship After Birth

    From USCIS Policy Manual (Chapter 4: Automatic Acquisition of Citizenship After Birth): The Child Citizenship Act of 2000 (CCA) amended INA 320 and removed INA 321 to create only one statutory provision and method for children in the United States to automatically acquire citizenship after birth. According to INA 320, a child born outside of […]
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  • Prevailing Wage for PERM Determination

    A key part of the PERM green card process involves obtaining a prevailing wage determination from the U.S. Department of Labor. So what exactly is this? Well, the Immigration and Nationality Act (INA) requires that the hiring of a foreign worker for a permanent position in a company will not adversely affect the wages and […]
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  • Virtual Zoom Weddings for Partners Living in Different Countries: Are They Recognized under U.S. Immigration Laws?

    In November 2020, Utah became the first state to allow virtual Zoom weddings for long-distance couples seeking to get married. This option is especially salient to cross-border couples who have been separated for the past year and a half due to the COVID-19 travel restrictions. Utah’s marriage option is considered a proxy marriage and allows […]
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  • Biden administration appeals Texas court ruling finding DACA unlawful

    On September 10, 2021, the Biden Administration appealed a Texas court ruling by U.S. District Judge Andrew Hanen that found the Deferred Action for Childhood Arrivals (DACA) program unlawful. While the Texas ruling does not automatically cancel current permits for Dreamers, it does block the government from approving all new DACA applications.  The DACA program […]
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  • DHS will continue Temporary Protected Status Designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan

    On September 9, 2021, the Department of Homeland Security (DHS) announced there will be an automatic extension of Temporary Protected Status (TPS) and the validity of TPS-related documentation for beneficiaries under the designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. Notably, the automatic extension of TPS-related documentation includes Employment Authorization Documents (EADs), which […]
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