Law Publications And Articles
Post PERM Denial Notice By Department Of Labor: Appeal Or Reconsideration?
07 April 2014Author: Employment Immigration Attorney Alena Shautsova Unfortunately, even a very thoroughly prepared PERM application may result in a denial. The concerns about whether it is worth it to appeal it, boils down to the eligibility of the appeal. At this point, the legal fees will be heavier, the application will take more time to appeal then it did ...
Asylum Interview: How long is the Wait?
07 April 2014Author: US Asylum attorney Alena Shautsova Many asylum applicants are concerned with the timeline for the affirmative asylum process. It is used to be the case that after an asylum application was filed affirmatively, an applicant could have expected to be called for an interview within a couple of months after the filing date. However, within th ...
212(c) Waiver of Criminal Conduct for Lawful Permanent Residents
07 March 2014Author: Immigration lawyer Alena Shautsova A recent decision by the Board of Immigration Appeals clarified 212(c) waiver eligibility for lawful permanent residents in the Matter of Abdelghany, 26 I N Dec. 254 (2014). (1) A lawful permanent resident who has accrued 7 consecutive years of lawful unrelinquished domicile in the United States and who ...
Green Card Based on Extraordinary Ability (EB 1A)
07 March 2014Author: Green Card Attorney Alena Shautsova A person who can demonstrate an extraordinary ability in some fields, may sponsor him or herself for the permanent residence in the US without an employer’s petition. The fields are the following: Sciences Arts Education Business Athletics An extraordinary ability is defined as a level of exper ...
How To Obtain An H-1B Work Visa
05 February 2014Author: Work Visa Attorney Alena Shautsova After an employer has obtained an approved Labor Condition Application (LCA) (see here) , it is time to file an H1B petition for the foreign worker. The H-1B visa allows a foreign national to accept professional jobs with the US employers. The H1B petition should be filed as soon as possible: on the fi ...
Lodged Asylum Application: New Procedure for Asylum Applicants in the Immigration Court
05 February 2014Author: Asylum Attorney Alena Shautsova To reflect changes caused by the Asylum class action law suit, Immigration Court practice Manual has been updated to include new definition and procedure for a lodged asylum application. The changes help asylum applicants to lock in the date from which their time for employment application will start to run ...
State of Immigration Reform: Will Be or Not Will Be?
05 February 2014Author: Immigration Attorney Alena Shautsova It is probably fair to say that majority of immigrants have lost hope that Immigration reform will happen any time soon. What seemed to be so possible in summer 2013, became a mere reminiscence in 2014. The Congress, however, is trying to revive the Immigration reform idea, and this past week released ...
What is LCA or Labor Condition Application?
13 January 2014Author: Work Visa Attorney Alena Shautsova First Step In Obtaining A Nonimmigrant Working Visa. The first step in acquiring an H-1B specialty occupation, E-3 Australian specialty occupation worker, and H-1B1 Singapore/Chile Free Trade non-immigrant processes is to submit a Labor Condition application (LCA). This in short is the promise your empl ...
Did You Know: The US Government Is Offering An Expedited Path For Citizenship
02 January 2014Author: Citizenship Lawyer Alena Shautsova For those who possess required language or critical skills and are willing to enlist with the US military. Those holding critical skills – physicians, nurses, and certain experts in language with associated cultural backgrounds – would be eligible. To determine its value in enhancing military readiness, ...
What to do when you are stuck in "Administrative Processing"?
02 January 2014Author: US Visa Attorney Alena Shautsova If one applies for a visa with a US consulate, he or she may encounter something called "administrative processing." In a regular course of events, a visa applicant receives response to the visa application the date of his or her visa interview. However, sometimes the date of the decision happens much later ...