American Law Institute- American Bar Association Seminar - Immigration Law
Attached is the course material for a seminar done by Rajiv for ALI-ABA ( American Law Institute - American Bar Association ).
Attached is the course material for a seminar done by Rajiv for ALI-ABA ( American Law Institute - American Bar Association ).
The E-3 visa allows for the admission of an alien who is a national of the Commonwealth of Australia and who is entering the U.S. to perform services in a “specialty occupation.” The E-3 visa has many advantages over the other types of working visas, including the ability for spouses of E-3 recipients to apply for work authorization.
Rajiv S Khanna, Managing Attorney at law firm Immigration.com, said, “Rate of denials have gone up across the board in all legal immigration cases, especially (relating to) H-1B visas. The government has created an environment where the responses for the RFEs have increased from 30-50 pages to 600-1,000 pages for an H-1B case. It has increased its own burden of processing cases and that’s why cases are taking much longer to process than they used to.”
“A STEM-OPT employer must not assign, or otherwise delegate its training responsibilities to a non-employer third party such as the client’s employees,” explains Rajiv Khanna, Managing Attorney at Immigration.com
The Child Status Protection Act (CSPA) changes who can be considered a “child” for the purpose of visa issuance by the Department of State and for purposes of adjustment of status of aliens by USCIS.
Here's the situation: LPR wife is pregnant, currently visiting her in-laws overseas. The LPR husband will travel overseas later to see his parents and both husband and wife will travel back to U.S together. The couple wants to invite husband's mother who has been rejected twice for a visit visa for tourism purposes. Last rejection was more than a year ago.
Q1.Should the mother take visa appointment for interview before her son arrives overseas to see her so she can tell interviewing officer that she wants to see her son in the States in addition to tourism purposes. This may make her case stronger as a mother wants to see her son.
A1. I am never in favor of trying to manipulate consulates. This could be considered outright fraud. Let us not go this way. Tell the truth. But, do let the consulate know that she is coming as a grandma - not a care taker or a health care employee.
H-1B and H-1B1 workers are granted a number of important rights including: