USCIS sets out new standard for National Interest Waiver petitions

In a recent decision by the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS), the AAO set out a new standard to adjudicate National Interest Waiver (NIW) employment based immigrant visa petitions. As background, an employment based immigrant visa petition in the advanced degree or exceptional ability category requires an employer …

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H-1B employers sue USCIS alleging that lottery regulations are invalid

Two companies have sued the U.S. Citizenship and Immigration Services (USCIS) seeking to set aside the current H-1B visa lottery system. The H-1B visa classification permits a U.S. employer to offer a professional position to a degreed foreign national and employ that foreign national to work in such a position in the United States. Tenrec, …

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CRS issues a report on the EB-5 program in advance of congressional debate

The Congressional Research Service (CRS) has issued a report on the EB-5 Immigrant Investor Visa program, a program that grants permanent resident status to certain foreign nationals who make sizable investments in the United States which create United States employment. The EB-5 program is set to expire on September 30, 2016, and the report comes …

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