White House, Sept. 30, 2024 "MEMORANDUM FOR THE SECRETARY OF STATE SUBJECT: Presidential Determination on Refugee Admissions for Fiscal Year 2025 By the authority vested in me as President by the...
BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping...
Texas v. Mayorkas "In September 2022, after a notice-and-comment period, the Biden administration promulgated a new Rule redefining the term ["public charge"]. In response, the State of...
White House, Sept. 30, 2024 "...I have now concluded that in order to better achieve Proclamation 10773’s goal of enhancing our ability to address historic levels of migration and more efficiently...
This document is scheduled to be published in the Federal Register on 10/01/2024 "This public notice provides information on how to apply for the DV-2026 Program and is issued pursuant to the Immigration...
"As immigration practitioners, we file H-1B visa petitions all the time. We know that in each petition, the employer must demonstrate that the position requires a professional in a specialty occupation and that the foreign national – the intended employee - has the required qualifications. It’s become common knowledge that progressively responsible work experience may substitute for any deficiency in the foreign national’s education and everyone is pretty comfortable with the equivalency ratio of three years of work to one year of college training (the “three-for-one” rule). Under this rule, a foreign national with twelve years of work experience could be deemed to possess the equivalent of a four-year US baccalaureate degree and therefore qualified to hold a specialty occupation. Going forward on new H-1B petitions and especially as we gear up for the upcoming H-1B cap season, a recent non-precedent decision by the Administrative Appeals Office (AAO) discussing USCIS’ recognition of any years of college-credit for a foreign national’s training and/or work experience is worthy of some careful review as it provides detailed analyses that can help us ward off nasty Requests for Evidence (RFE) from the USCIS upon the filing of H-1B petitions." - Cora-Ann V. Pestaina, Feb. 24, 2015.