March 31, 2025

While most knew the cause of the Cold War, 2 percent said climate change.

 

March 5, 2025

ALL Forms

2003 Forms | PDF

Directory of Visas | PDF

Glossary VERY GOOD INFORMATION

Temporary Worker Visas

Temporary (Nonimmigrant) Workers List uscis.gov

 

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January 20, 2025

 

Immigration: who gets to come, who gets to stay and who has to leave

In US law, an alien is a foreign-born person who lives in the United States but is not a US citizen.

i-94 All persons need a Form I-94 except U.S. citizens, returning resident aliens, aliens with immigrant visas, and most Canadian citizens visiting or in transit. Air and sea travelers will be issued I-94s during the admission process at the port of entry. Arrival and Departure Record

To reduce the risk of fraud and counterfeiting, USCIS redesigns the Permanent Resident Card (PRC) every three to five years. Current Form I-551, front and back:

Green Card, LPR, Temporary I-551 Stamps and MRIVs--“UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR.”

Naturalization is the process to become a U.S. citizen if you were born outside of the United States.

Parole , Parole, allows an individual, who may be inadmissible or otherwise ineligible for admission into the United States, to be paroled into the United States for a temporary period. Humanitarian reason

EWI-- Entered without inspection

Visa is an official document that allows you to travel in the United States

The Literacy Act of 1917, also known as the Immigration Act of 1917, was the first major immigration restriction law in the United States. It required immigrants to pass a literacy test and increased the tax paid by new immigrants.

Refugee Act, 1980, Jimmy Carter:

President Jimmy Carter on March 17, 1980, and became effective on April 1, 1980. This was the first comprehensive amendment of U.S. general immigration laws designed to face up to the realities of modern refugee situations by stating a clear-cut national policy and providing a flexible mechanism to meet the rapidly shifting developments of today's world policy.

 

You can apply for immigrant visas through the United States Citizenship and Immigration Services (USCIS) website. You can apply for nonimmigrant visas through the U.S. Department of State website.

 

"Government Agencies involved with Immigration

"Department of State/Consular Offices"

"Department of Labor"

"Department of Justice, Executive Office for Immigration

Consular Processing

Refugee Admissions Under Trump 2017-2021

The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.

Bureau of Consular Affairs: Look here for up to date forms

USCIS Announces Noncitizen Registration Requirement

Literacy Act, Immigration Act of 1917, the provision barring all immigrants over the age of sixteen who were illiterate. Literacy was defined as the ability to read 30–40 words of their own language from an ordinary text

Refugee Act of 1980: It raised the annual ceiling for refugees from 17,400 to 50,000, created a process for reviewing and adjusting the refugee ceiling to meet emergencies, and required annual consultation between Congress and the President. The Act also changed the definition of “refugee” to a person with a “well-founded fear of persecution,” a standard established by United Nations conventions and protocols. It also funded a new Office of U.S. Coordinator for Refugee Affairs and an Office of Refugee Resettlement and built on already existing public-private partnerships that helped refugees settle and adjust to life in their new country.

Chae Chang Ping V. U.S. (1889)-Holds U.S. Congress has power to override treaties: “Plenary” power to regulate immigration

The REAL ID Act of 2005 is a law that set minimum security standards for driver's licenses and identification cards. The law was passed in response to recommendations from the 9/11 Commission

 

The Immigration and Nationality Act (INA) was enacted in 1952. The INA collected many provisions and reorganized the structure of immigration law. The INA has been amended many times over the years and contains many of the most important provisions of immigration law.

 

Enforcement and Removal Operations. U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations' (ERO) mission is to protect the homeland through the arrest and removal of those who undermine the safety of our communities and the integrity of our immigration laws.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996, IIRAIRA

The Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 was a law that aimed to deter terrorism, provide justice for victims, and establish an effective death penalty.

Board of Immigration Appeals The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. The BIA is located at EOIR headquarters in Falls Church, Virginia. Generally, the BIA does not conduct courtroom proceedings - it decides appeals by conducting a "paper review" of cases. On rare occasions, however, the BIA hears oral arguments of appealed cases, predominately at headquarters.

 

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February 1, 2025

E-Verify portal

E-Verify + is service of E-Verify that streamlines employment eligibility verification by combining the Form I-9 (employment verification) and E-Verify into one seamless digital process.

E-Verify Employer Search March 6, 2025

 

Skills list for Department of State

Congress did not make E-Verify mandatory.

The Electronic System for Travel Authorization to be used if not from a designated country, Must obtain ESTA permission before travel.

Skills list

H 1B Petitions by Gender and Country of Birth Fiscal Year 2019 | H-1B Data Sets GIS

Visas for studying or temporary work generally require a pre-approved application, or “petition” before the foreign national applies for a visa at a U.S. consular office

Canadians and Bermudians are deemed “Visa Exempt,”

The visitor B visa classification is one of the most versatile nonimmigrant visa classifications available to foreign nationals • It permits entry for a number of purposes, for example: – To attend business meetings or conferences – Or to vacation in the United States • It cannot however be used to engage in “productive work” Productive Work: Involves duties or activities that would normally be performed by a U.S. worker, and/or activities that result in financial gain for the U.S. employer

All foreign nationals seeking to obtain a visa stamp at a consular office abroad must complete Form DS-160, Online Nonimmigrant Visa Application

 

 

 

 

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February 8, 2025

Prevailing wage rate (PWR): average wage to worker in a specific area.

Labor Condition Application (LCA) | form

The U.S. Department of State primarily focuses on representing America and responding to the needs of American citizens abroad,

De Novo--Review of a previous case that has been decided considered like it is has not been considered before, like a new case.

Port of Entry : Any location in the United States or its territories that is designated as a point of entry for aliens and U.S. citizens. All district offices and service centers are also considered ports, because they become locations of entry for aliens adjusting to immigrant status.

L-1 visa is a non-immigrant visa that allows employees of a multinational company to work temporarily in the United States, dual intent

The Foreign Labor Certification Data Center (FLDCDataCenter.com) has been discontinued, and prevailing wage data is now available through the U.S. Department of Labor's FLAG website via the OFLC Wage Search tool

Consular Processing: applying for an Immigrant or nonimmigrant visa from abroad

Form I-539, Application to Extend/Change Nonimmigrant Status

Doctrine of Consular Non-reviewability: The doctrine that a decision by a consular Officer is final and may not be appealed

Starting in Nov. 2016, Chinese nationals will need to register online (EVUS) before using the B visa (similar to ESTA registration)

Treaty Countries

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February 10, 2025

FLCDC: foreign labor certification data center

Inidians have highest 72.3% of 386,000 H1-B visas in United States

Visas for Canadian and Mexican USMCA Professional Workers

Labor Certification

ESTA: Electronic System for Travel Authorization | Countries

Student and Exchange Visitor Program (SEVP)

Entered Without Inspection (EWI)

Open Door Until 1874, although there were restrictions on who could be a citizen

Applying for a visa from abroad at a U.S. Consulate is known as, “Consular Processing”

Visa Exempt: the ability to enter the U.S. without the need for a foreign national to obtain a visa stamp.

Nonimmigrant Waiver: A waiver that allows a foreign national to overcome a ground of inadmissibility for temporary stays in the United States.

ESTA: Electronic System for Travel Authorization

Short stay trainees (B-1 in lieu of H-3)

The U.S. entity of a multinational company that has been doing business for less than one year is considered a new office, Because the USCIS is concerned about the organization becoming real, active, and, operating in the United States, New Office L visas are only issued for one year, allowing the opportunity to review the actual activities of the company.

Department of State has started site visits (wary of J-1 being used as a means of getting around H-1B limitations)

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February 23, 2025

O-1 Visa: Individuals with Extraordinary Ability or Achievement

The O nonimmigrant classification are commonly referred to as:

• O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry);
• O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry;
• O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and
• O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.

P-1A Athlete

The P-1A classification applies to you if you are coming temporarily to the United States solely for the purpose of performing at a specific athletic competition as:

• An individual athlete at an internationally recognized level of performance;
• Part of a group or team at an internationally recognized level of performance;
• A professional athlete; or
• An athlete or coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association.

The P-1A classification also applies to professional or amateur athletes coming temporarily to the United States solely to perform in a specific theatrical ice skating production or tour, individually or as part of a group.

P-2 Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program

The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.

ou must be an artist entering the United States through a government recognized reciprocal exchange program. At the present time, five P-2 reciprocal agreements have been negotiated between the following organizations:

• The American Federation of Musicians (U.S.) and the American Federation of Musicians (Canada);
• Actor’s Equity Association (U.S.) and the Canadian Actors’ Equity Association;
• Actor’s Equity Association (U.S.) and the British Actors’ Equity Association;
• The International Council of Air Shows and the Canadian Air Show Association.
• The Alliance of Canadian Cinema Television and Radio Artists (ACTRA) and the Screen Actor Guild – American Federation of Television and Radio Artists (SAG-AFTRA).

P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program

The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

Premium processing is an expedited service offered by U.S. Citizenship and Immigration Services (USCIS) for certain immigration forms. It guarantees that USCIS will take action on an application within a specific timeframe. 

P-4 Visa is for dependents

R-1 Nonimmigrant Religious Workers

Ministers and non-ministers in religious vocations and occupations may come to the U.S. temporarily for the purpose of performing religious work.

R-2 dependents

H-2A Temporary Agricultural Workers

The H-2A program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary agricultural jobs. A U.S. employer, a U.S. agent as described in the regulations, or an association of U.S. agricultural producers named as a joint employer, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.

H-2B, Temporary Labor Certification for Non-Agriculture Workers

H-2B Temporary Non-Agricultural Workers | Cap

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.

DHS Announces Countries Eligible for H-2A and H-2B Visa Programs

 

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The Real ID Act of 2005 (stylized as REAL ID Act of 2005) is an Act of Congress that establishes requirements that driver licenses and identification cards issued by U.S. states and territories must satisfy to be accepted for accessing federal government facilities, nuclear power plants, and for boarding airline flights in the United States.

The act also made various modifications to U.S. immigration law regarding asylum, border security, deportation, and specific work visas.

*Adjusted salary is capped at Level III of the Executive Schedule. In 2023, that rate is: $195,000

Trump administration fires new immigration judges

Asylum Officers interview these individuals to determine if they meet the U.S. legal definition of a “refugee” and are eligible for asylum status. In doing so, Asylum Officers uphold our nation’s historical tradition of providing refuge to those in urgent need of protection and safeguard the security and integrity of our immigration system.

Country Reports on Human Rights | 2023 PDF | Pick an Area. Annual Report DOS

 

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March 3, 2025

INS Gender Guidelines Asylum

Dicta in law refers to a comment, suggestion, or observation made by a judge in an opinion that is not necessary to resolve the case, and as such, it is not legally binding on other courts but may still be cited as persuasive authority in future litigation.

Affirmative asylum is a process that allows non-citizens to apply for asylum in the United States. It's available to people who are already in the country, regardless of how they arrived or their immigration status. You must bring your own interpreter: 18 years old, fluent in English and another language.

Child Status Protection Act (CSPA) The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer to get a Green Card, or may no longer be eligible for a Green Card.

You must give biometric info to get asylum

A de novo review is a new review of an issue that is being appealed.

Defensive asylum is a process that allows people to apply for asylum to prevent deportation from the United States. It's used when someone is already in removal proceedings.

An "arriving alien" refers to a non-citizen who is attempting to enter the United States at a port of entry, seeking transit through the country, or is intercepted in international waters and brought to the U.S., essentially meaning anyone coming to the country and seeking admission, regardless of their method of arrival, as defined under U.S. immigration law

A Master Calendar Hearing, the initial stage in removal proceedings in immigration court, informs the individual of their rights and the charges against them, sets a schedule for the case, and allows them to seek legal representation if they don't have one

A "frivolous" asylum application, under US immigration law, is one where the applicant knowingly makes false or fabricated claims or misrepresents a material fact, and can lead to permanent ineligibility for future immigration benefits

The Asylum EAD Clock is a tracking system that measures the time an asylum application has been pending. It's used to determine eligibility for an Employment Authorization Document (EAD). he “180-day Asylum EAD Clock” see below measures the time the Form I-589, Application for Asylum and for Withholding of Removal (asylum application), has been pending either with U.S. Citizenship and Immigration Services (USCIS) and/or an immigration court with the Executive Office for Immigration Review (EOIR). Form I-765, Application for Employment Authorization (EAD)

March 11, 2025 : On Dec. 13, 2024, the Department of Homeland Security published a final rule that permanently increases the automatic extension period for employment authorization and Employment Authorization Documents (EAD) available to certain EAD renewal applicants from up to 180 days to up to 540 days.

 

Temporary Protected Status (TPS) The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately

Deferred Enforced Departure (DED) Eligibility requirements for Deferred Enforced Departure (DED) are based on the terms the president specifies in each DED directive. Each presidential directive includes the criteria for an individual to be covered by DED and certain exceptions for individuals who are not covered.

 

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March 12, 2025

Humanitarian or Significant Public Benefit Parole for Aliens Outside the United StatesIndividuals who are outside of the United States may be able to request parole into the United States based on urgent humanitarian reasons or a significant public benefit.

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March 14, 2025

Refugee, Asylum and International Directorate

REFUGEE, ASYLUM, AND INTERNATIONAL OPERATIONS DIRECTORATE (RAIO) PDF

RAIO REFUGEE

The fiscal year 2025 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000.

Diversity Visa Program The Department of State administers the Diversity Visa (DV) immigrant visa program, which is an annual program for immigration to the United States. Up to 55,000 immigrants can enter the United States each year from countries with low rates of immigration to the United States.

Visa Bulletin | Visa Bulletin Feb. 2025

Special Immigrant Juveniles If you are in the United States and need the protection of a juvenile court because you have been abused, abandoned, or neglected by a parent, you may be eligible for Special Immigrant Juvenile (SIJ) classification. If SIJ classification is granted, you may qualify for lawful permanent residency (also known as getting a Green Card).

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I-130, Petition for Alien Relativ: Use this form if you (the petitioner) are a U.S. citizen, lawful permanent resident, or U.S. national and you need to establish your qualifying relationship with an eligible relative (the beneficiary) who wishes to come to or stay in the United States permanently and apply for the Permanent Resident Card (also called a Green Card).

The Stokes interview is a secondary interview conducted on a couple who are trying to obtain an immigration green card in the United States on the basis of their marriage.

Fraud Referral Sheet: PDF

Abused Spouses, Children and Parents

9 FAM 403.8 Nonimmigrant Visa Reciprocity | U.S. Visa: Reciprocity and Civil Documents by Country The U.S. Department of State uses the reciprocity schedule to advise people on obtaining supporting documents for their green card or U.S. visa applications

The Child Status Protection Act (CSPA) is a US immigration law that allows certain children to retain their "child" status for immigration purposes, even if they turn 21, by calculating their age based on when a visa becomes available, rather than their actual age

Visa Bulletin: Travel.gov

Most offenses involve sexual crimes, listed on p. 265 in text

DOS: Consular Electronic Application Center! On this website, you can apply for a U.S. Nonimmigrant Visa; apply to renew an A, G, or NATO Visa; apply for an Immigrant Visa; or check the status of your visa application.

I-130, Petition for Alien Relative: Use this form if you (the petitioner) are a U.S. citizen, lawful permanent resident, or U.S. national and you need to establish your qualifying relationship with an eligible relative (the beneficiary) who wishes to come to or stay in the United States permanently and apply for the Permanent Resident Card (also called a Green Card). Form

I-485, Application to Register Permanent Residence or Adjust Status: Use this form to apply for lawful permanent resident status if you are in the United States. Form

In the context of US immigration law, "parole" refers to a discretionary permission granted by the Secretary of Homeland Security, allowing certain non-citizens to enter or remain in the United States temporarily, even if they don't meet the usual requirements for admission, for urgent humanitarian reasons or significant public benefit

Court Dispositions

Find a Civil Surgeon

Affidavit of Support I-864, Affidavit of Support Under Section 213A of the INA, Divorce does not terminate your obligations under Form I-864

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National Visa Center After the U.S. Citizenship and Immigration Services (USCIS) approves your request to immigrate to the U.S., USCIS sends your petition to the National Visa Center (NVC). NVC will request the immigrant visa application fee and all documents. NVC will hold your petition and all documentation until your immigrant visa interview can be scheduled at a U.S. Embassy or Consulate. Immigrant Visa Process

 

Step-by-Step Guide: Renewing Your 10-Year Green Card you must renew every 10 years . You need the i-90.

MBRA, or the International Marriage Broker Regulation Act of 2005, is a U.S. law designed to protect immigrants, particularly women and children, from abuse by their sponsoring spouses, especially those who met through international marriage brokers

 

 

 

 

 

 

 

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