LAC Blog

Can Blockchain be Used for Travel or Immigration?

16:58 16 May in LAC Blog by Larrabee

We all have heard about blockchain and crypto currency or Bitcoin, but some of us may not fully understand it. There are many definitions of blockchain, but essentially, it is a decentralized, publicly accessible network that is highly secured. In other words, blockchain is a type of shared database that differs from a typical database in the way that it stores information; blockchains store data in blocks that are then linked together via cryptography. As new data comes in, it is entered into a fresh block. Once the block is filled with data, it is chained onto the previous block,...

May I apply online to extend or change my nonimmigrant status?

21:23 10 January in LAC Blog by Larrabee

The U.S. Citizenship and Immigration Services (USCIS) allows for electronic filing of certain applications for immigration benefits, including certain Forms I-539, Application to Extend/Change Nonimmigrant Status.  The agency claims that this will get your application into their processing queue faster than mail delivery.  Given the significant case backlog, any changes that lead to faster processing are welcome. Does this apply to all I-539 applications? No.  You can utilize online I-539 filing option only if you are looking to extend your status or change your nonimmigrant status to the following categories (B-1/B-2, H-4, E dependent spouse, TD,  J-1, J-2. L-3, K-4, L-2, M-1,...

Automatic EAD Extension and New Work Authorization Policy for H-4, L-2, E Spouses

22:27 15 November in LAC Blog by Larrabee

November 15, 2021 As a result of a settlement agreement in a federal lawsuit Shergill et al, v Mayorkas (21-cv-1296-RSM)., U.S. Citizenship and Immigration Services (USCIS) will change its employment authorization (EAD) policies with respect to some H-4, L-2 nonimmigrants. The new USCIS policy guidance applies to applications for initial work authorization and renewal for holders of H-4, L-2 and E status (categories C26, A17 and A18).  Here are the highlights of the new policy: H-4, L-2 or E dependent spouses qualify for automatic extension of their existing employment authorization (EAD) if they properly filed an I-765 application to renew their EAD...

What is the importance of the timing of the filing of the required Form I-693, Medical Examination and Vaccination Report for Adjustment of Status, I-485 Applicants?

21:50 05 September in LAC Blog by Larrabee

All green card applicants seeking adjustment of status in the U.S.  through the filing of Form I-485 are required to complete Form I-693, Medical Examination and Vaccination Record (“Medical Report), prepared by a USCIS authorized civil surgeon (https://my.uscis.gov/findadoctor).  The U.S. Citizenship and immigration Service (USCIS), however, does not require the Form I-693 medical report to be submitted at the same time as the I-485 application.  The USCIS specifically permits I-485 applicants to bring the medical examination report to an interview (if any) or wait until USCIS issues a Request for Evidence (RFE) requesting the medical examination report. On August 12, 2021,...

What to Look for When Selecting Outside Immigration Counsel

17:25 09 March in LAC Blog by Larrabee

Those who vet outside counsel look at a variety of factors in the selection process, such as competence, cost and reputation. Beyond this, companies want counsel that understands the needs specific to their industry, will be proactive, and will act as a trusted partner with the best interests of the company in mind. Below are tips on how to assess these factors specific to the field of immigration law. Expertise Substantive competence in the field is often assumed if an attorney is licensed and indicates they have a certain number of years of experience practicing in the field. While a starting point, we...

What types of OPT are available?

07:07 28 January in LAC Blog by Larrabee

Pre-completion: An F-1 student may be authorized to participate in pre-completion OPT after he or she has been enrolled for one full academic year. The pre-completion OPT must be directly related to the student’s major field of study. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full-time when school is not in session. Post-completion: An F-1 student may be authorized to participate in post-completion OPT upon completion of studies. The post-completion OPT must be directly related to the student’s major area of study and employment must be full-time.   Click here to schedule...

Nonimmigrant Visa Issues for Investors and Entrepreneurs from Mexico

03:39 05 September in LAC Blog by Larrabee

In the economic environment following what many have dubbed "The Great Recession", the discussion regarding the costs and benefits of immigration continues with great passion adn occasionally vitriol from both sides. In the arena of skilled professionals, the debate centers on whether an employer's ability to hire the best and the brightest, regardless of nationality, truly increases U.S. competitiveness globally. This conversation extends to whether increasing the opportunity for foreign entrepreneurs and investors furthers U.S. economic interests. Opponents of such open market hiring practices charge that the facilitation of immigration for highly-skilled individuals robs U.S. workers of jobs, depresses their...

Merger and Compliance Issues: How to Ensure Success Post-Filing

03:28 05 September in LAC Blog by Larrabee

If the downturn in the economy has taught us anything, it is that changes in the corporate landscape are inevitable. Corporate mergers and acquisitions are more prevalent now than in years past. Immigration practitioners need to understand the immigration consequences of such mergers and acquistions for our corporate clients and their foreign national employees. This practice pointer will address the complex issues that arise in connection with the Program Electronic Review Management (PERM) labor certification process when there is a corporate merger or acquisition. Timing is everything: Point of Analysis and Advice for the Different Stages of the PERM Filing Process When the...