The Law Offices of Robert Nadalin

Category: Newsletter


Immigration Newsletter

This newsletter has been prepared on behalf of clients and friends of the Law Offices of Robert Nadalin. It provides general information on recent changes in immigration and emigration related laws and should not be considered as a substitute for specific legal advice. For case specific advice, we recommend retaining legal counsel. To add or remove an e-mail address from our system, or for any other questions or comments regarding this newsletter, please e-mail: robert@nadalinlaw.com . Supreme Court Continues to Uphold Injunction on President’s Travel Ban, Except for Persons Lacking Any Bona Fide Relationship with a U.S. Entity or Person Already in the… Read More

Immigration Newsletter

This newsletter has been prepared on behalf of clients and friends of the Law Offices of Robert Nadalin. It provides general information on recent changes in immigration and emigration related laws and should not be considered as a substitute for specific legal advice. For case specific advice, we recommend retaining legal counsel. To add or remove an e-mail address from our system, or for any other questions or comments regarding this newsletter, please e-mail: robert@nadalinlaw.com How the Presidential Election May or May Not Change U.S. Immigration Laws and Policies Whether this e-mail finds you relieved or bitterly disappointed, many now… Read More

H-1B Cap Season

The H-1B visa is the visa category most used by companies to obtain work authorization for professionals coming from other countries. Under the current law, 20,000 visas may be issued to persons who have obtained a Master’s or higher degree from a U.S. university. 65,000 visas are allocated to other professionals, with 5400 of these visas set aside for Singapore and 1400 for Chile. The result is that only 58,200 regular track H-1B visas are available to most H-1B applicants. The CIS will begin accepting petitions for Fiscal Year (FY) 2010 H-1B visas from Wednesday, April 1, 2009. The soonest… Read More

H-1B Cap Update

The H-1B visa is the visa category most used by companies to obtain work authorization for professionals coming from other countries. Under the current law, 20,000 visas may be issued to persons who have obtained a Master’s or higher degree from a U.S. university. 65,000 visas are allocated to other professionals, with 5400 of these visas set aside for Singapore and 1400 for Chile. The result is that only 58,200 regular track H-1B visas are available to most H-1B applicants. The CIS began accepting petitions for Fiscal Year (FY) 2010 H-1B visas from Wednesday, April 1, 2009. As of May… Read More

I-140 Premium Processing

USCIS recently announced that it would resume premium processing for most I-140 immigrant visa petitions, including the EB-1 categories of outstanding researcher and person of extraordinary ability, EB-2 petitions that do not involve a national interest waiver, and all EB-3 categories. I-140 premium processing has not yet been extended to EB-1 multinational manager petitions or EB-2 national interest waiver petitions. Premium processing is the CIS program that guarantees a 15 day response upon the payment of a $1000 expedite fee. The response may be an approval or a request for additional evidence. Regular track processing times can range from 3-12… Read More

2011 Diversity Lottery Program Registration

Through the Congressionally mandated diversity lottery program, the U.S. State Department provides up to 55,000 immigrant visas (green cards) to immigrants from countries with low rates of immigration to the U.S. For DV-2011, natives of the following countries may not participate: Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and Vietnam. Persons wanting to participate must register for the program between October 2, 2009 and November 30, 2009 by completing the required on-line form at: www.dvlottery.state.gov. Persons eligible to participate in the… Read More

Bad VIBE (Validation Instrument for Business Enterprise)

On May 27, 2010, USCIS conducted an information sharing session to provide more information on the VIBE (Validation Instrument for Business Enterprise) system, which it plans to implement in the not too distant future. Through VIBE, USICS adjudicators will compare the information listed on an immigration petition with the information found in the Dun & Bradstreet global commercial database. D&B information is organized within the database through the assignment of a D-U-N-S number, which is a unique company identifier used to track entity information by business location. For large publicly traded companies, D&B information is generally accurate and reliable due… Read More

California Driver’s License Renewal for Nonimmigrants Awaiting Status Extension

In the order of the legal universe, the legislature is not supposed to enact laws that violate the state or federal constitutions, and the regulatory agencies are not supposed to promulgate regulations or enact policies that violate state laws. The state law found at California Vehicle Code § 12801.5 only requires that in order to be eligible to receive a driver’s license: “the applicant’s presence in the United States is authorized under federal law.” Pursuant to the current federal law, nonimmigrant workers are lawfully allowed to remain in the U.S. pursuant to a timely filed extension of status while that… Read More

H-1B Update

The H-1B visa is the visa category most used by companies to obtain work authorization for professionals coming from other countries. Under the current law, 20,000 visas may be issued to persons who have obtained a master’s or higher degree from a U.S. university. 65,000 visas are allocated to other professionals. USCIS announced that as of January 7, 2011 it had received 20,000 master’s cap filings as well as 58,700 filings for the other cap. While it is impossible to know how much longer H-1B visas will remain available for Fiscal Year 2011, it is estimated that the visas could… Read More

USCIS Issues Final Rule on Employment Eligibility Verification Form I-9

On April 15, 2011, USCIS announced a final rule adopting changes made under an earlier interim rule for the Form I-9 that include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands. The rule, in its entirety, can be found on the online version of the Federal Register at: www.aila.org Forms I-9 are the documents completed by employers to confirm an employee’s ability to work legally in the U.S.… Read More