EB-1 Retrogresses for India and China

Categories: In the News

In a preview of the August 2016 visa bulletin, the EB-1 category for Indian and Chinese nationals retrogressed.  The application filing date remains current.  While there is a new fiscal year coming in October, it may be wise to push those filings now rather than take time and assume there will always be visa numbers….

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Author: Philip Eichorn

Third Circuit Court of Appeals Rules Petitioner Not Lawfully Admitted For Permanent Residence

Categories: Case Law Update

In Krzysztof Koszelnik v. DHS Secretary et al., the Third Circuit Court of Appeals agreed with the New Jersey district court that the petitioner lied to immigration officers about a prior deportation order and failed to disclose all of his alien registration numbers.  USCIS denied his naturalization application.  In that denial, USCIS determined that although legacy INS granted him permanent…

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Author: Philip Eichorn

Seventh Circuit Rules on I-751 Burden of Production

Categories: Case Law Update

On July 7, 2016, the Seventh Circuit Court of Appeals issued Putro v. Lynch, a case where USCIS and the immigration judge both committed legal errors.  Putro entered the U.S. married to a U.S. citizen.  She obtained conditional lawful permanent resident status through that marriage.  Her spouse died four months later.  Putro timely filed the…

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Author: Philip Eichorn

USCIS Returns Unselected FY2017 H-1B Petitions

Categories: In the News

USCIS announced it finished the random selection process for fiscal year 2017 H-1B cap subject cases.  USCIS further announced it returned all unselected H-1B petitions.  If USCIS did not select your case or your employee’s case there are options for you.  Please give us a call and we can work through a strategy or two…

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Author: Philip Eichorn