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ABCs of Immigration: The H-3 and J-1 Training Categories by Greg Siskind (PDF, 70K)
Read about how there are two major categories for individuals seeking training opportunities in the United States.
ABCs of Immigration: I Visas -- Foreign Media and Press by Greg Siskind (PDF, 81K)
Read about how the I visa is a nonimmigrant visa for persons entering the United States temporarily who are representatives of the foreign media traveling the U.S. to engage in their profession.
The ABC's of Immigration: E-1 and E-2 Visas by Greg Siskind (PDF, 76K)
Read about how the Immigration and Nationality Act provides treaty trader/investor nonimmigrant status for a national of any of the countries with which an appropriate treaty of commerce and navigation exists.
The ABC's of Immigration: H-2B Visas by Greg Siskind (PDF, 69K)
Read about how the H-2B visa is similar to the H-2A visa, but is certification for temporary non-agricultural work.
The ABC's of Immigration: H-2A Visas by Greg Siskind (PDF, 62K)
Read about how the H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter the U.S. to carry out temporary or seasonal agricultural labor or services.
The ABC's of Immigration: Good Moral Character, English and Civics by Greg Siskind (PDF, 60K)
Read about requirements for naturalization.
The ABC's of Healthcare Immigration: Nonimmigrant Visa Options for Nurses by Greg Siskind (PDF, 114K)
Read about how under current U.S. immigration laws, nonimmigrant visa options for nurses are limited.
The ABC's of Immigration: National Interest Waivers for Physicians by Greg Siskind (PDF, 80K)
Read about how the Ninth Circuit Court of Appeals ruled that several USCIS regulations governing physician national interest waivers were “ultra vires”.
The ABC's of Immigration: The H-1B Cap by Greg Siskind (PDF, 65K)
Read about how, On October 1, 2003, the allotment of H-1B visas provided annually by Congress dropped from 195,000 to 65,000.
The ABC's of Immigration: Naturalization - Residency Requirements by Greg Siskind (PDF, 30K)
Read about how, while there are a number of substantive requirements for naturalization, the most complex of these is residence in the U.S.
The ABC's of Immigration: Foundations of Immigration Law, Part II by Greg Siskind (PDF, 82K)
This is part two of a two part article. The two articles provide a quick overview of the ways a person can legally come to the U.S.
The ABC's of Immigration: Foundations of Immigration Law, Part I by Greg Siskind (PDF, 83K)
This week you’ll find part one of a two part article. The two articles provide a quick overview of the ways a person can legally come to the U.S
The ABC's of Immigration: Child Citizenship Act Regulations
by Greg Siskind (PDF, 36K)
Read about how the Child and Citizenship Act (CCA) of 2001 amended the Immigration and Nationality Act (INA) to provide U.S. Citizenship to certain children born abroad.
Comprehensive Immigration Reform Act of 2006 by Greg Siskind (PDF, 71K)
Read about how the Specter bill is a compromise bill that is designed to bridge the gap between the enforcement-only approach of the House's Sensenbrenner bill and the broad legalization provisions found in the McCain-Kennedy immigration bill introduced last year.
The ABC's of Immigration: EB-5 Immigrant Investors by Greg Siskind (PDF, 83K)
Read about how Congress created the EB-5 immigrant investor visa category in the Immigration Act of 1990 in the hopes of attracting foreign capital to the U.S. and creating jobs for American workers in the process.
The ABC's of Immigration: U Visas by Greg Siskind (PDF, 80K)
Read about how in 2002, Congress passed the Victims of Trafficking and Violence Protection Act (VTVPA), which created a special nonimmigrant classification designated as the U visa for victims of specific crimes.
The ABC's of Immigration: Preserving Green Card Status During Trips Abroad by Greg Siskind (PDF, 62K)
Read about how extended trips abroad effect lawful permanent residence status, or create concerns for citizenship applications.
The ABC's of Immigration: Immigration Options for Gay, Lesbian and Transsexual Individuals by Greg Siskind (PDF, 114K)
Read about the issues relating to the gay, lesbian and transgender communities for immigration purposes.
The ABC's of Immigration: Export Control Rules and the U.S. Immigration System by Greg Siskind (PDF, 23K)
Read about how most employers, employees and immigration lawyers are unaware of a set of rules that can create serious liability if they are ignored. They are the export licensing requirements for foreign nationals and in the post-9/11 world of immigration, they are taking on more importance.
The ABC's of Immigration: Affidavits of Support by Greg Siskind (PDF, 63K)
Read about how, for many applicants seeking entry to the United States, the government will require proof that the alien will have adequate financial resources to support themselves while in America.
The ABC's of Immigration: Inadmissibility — Security Grounds by Greg Siskind (PDF, 22K)
Read about how, over the past five years, there have been a number of changes in this area, responding to changing world conditions.
The ABC's of Immigration: Consular Processing for Nonimmigrant Visas by Greg Siskind (PDF, 20K)
Read about how, on December 21, 2000, the Legal Immigration and Family Equity (LIFE) Act amended the K nonimmigrant visa category to include the spouse and unmarried children of United States citizens.
The ABC's of Immigration: K-3 and K-4 Visa by Greg Siskind (PDF, 70K)
Read about how most aliens wishing to come to the U.S. for business, study or pleasure on a temporary basis can obtain a nonimmigrant visa at a U.S. consulate.
Diversity Visa –– 2007 Green Card Lottery by Greg Siskind (PDF, 92K)
Read about how the Department of State annually holds the Diversity Visa program (also known as the Green Card Lottery) where 50,000 green cards are awarded by random computer selection. The next lottery will be the DV-2007 lottery and the entry period will begin in October 2005.
The ABC's of Immigration: Issues in Losing Citizenship by Greg Siskind (PDF, 67K)
Read about what can cause a person to lose their citizenship, and how, in some cases, the person can prove the government wrong and regain their status as US citizens.
The ABC's of Immigration: Immigration Options for Nannies, Au Pairs and Child Care Workers by Greg Siskind (PDF, 96K)
Read about how, while families all over America have foreign-born nannies, the options for hiring them legally are very limited.
The ABC’s of Immigration: The H-1B Cap by Greg Siskind (PDF, 65K)
Read about what happens when the H-1B cap is hit.
The ABC’s of Immigration: Naturalization by Greg Siskind (PDF, 65K)
Read about how the ultimate goal of many immigrants to the US is citizenship through naturalization, which is the acquisition of citizenship after birth.
The ABC's of Immigration: Losing US Citizenship by Greg Siskind (PDF, 13K)
Read about actions a person takes that result in the automatic loss of citizenship as opposed to government decisions to revoke a person's citizenship, which can only be done in the case of naturalized citizens.
The ABC's of Immigration: Third Preference Employment Based Immigration - Skilled and Professional Workers by Greg Siskind (PDF, 14K)
Read about the EB-3 category.
The ABC's of Immigration: Second Preference Employment Based Immigration—Aliens of Exceptional Ability and Advanced Degree Professionals by Greg Siskind (PDF, 15K)
Read about how the second preference category of employment-based immigration includes aliens of exceptional ability and aliens holding advanced degrees in professional fields.
The ABC's of Immigration: Visa Options for Nurses, Part 3: Healthcare Worker Certificates by Greg Siskind (PDF, 27K)
Read about how the immigrant visa is normally the only option for nurses because most of the non-immigrant visa classifications are not available to the typical registered nurse seeking employment in the United States.
Analysis of the New AC21 USCIS Interpretive Memorandum by Greg Siskind (PDF, 20K)
Read an analysis of the USCIS May 12, 2005 memorandum interpreting a number of important provisions from AC21, the immigration law that created such concepts as the portability of H-1B visas and employment-based adjustment of status cases.
The ABC's of Immigration: Visa Options for Nurses, Part 2: Immigrant Visa Options by Greg Siskind (PDF, 16K)
Read about how the immigrant visa is normally the only option for nurses because most of the non-immigrant visa classifications are not available to the typical registered nurse seeking employment in the United States.
The New E-3 Visa for Australians –– FAQs by Greg Siskind (PDF, 11K)
Read about how Congress has created a new work visa category for Australians that in many respects will make it one of the most attractive visas in US immigration law.
H-2B Reform Included in Appropriations Law - FAQs by Greg Siskind (PDF, 9K)
Read about how Congress is including in the new spending bill provisions designed to improve the H-2B program.
REAL ID Act To Become Law; Asylum, Drivers License Rules to Change by Greg Siskind (PDF, 18K)
Read about how after nearly a yearlong fight between Congressman James Sensenbrenner and his allies in Congress versus nearly 600 organizations advocating for the rights of immigrants, the controversial REAL ID Act of 2005 has become law.
The ABC's of Immigration: The New 20,000 Bonus H-1B Quota - FAQ by Greg Siskind (PDF, 14K)
Read about the release of the long awaited USCIS regulations implementing the new 20,000 bonus H-1B quota for graduates of US graduate degree programs.
The ABC’s of Immigration: Visa Options for Nurses, Part 1: Non-Immigrant Visa Options by Greg Siskind (PDF, 26K)
Read about how a growing shortage of nurses in the United States has forced many health care employers to look overseas for the nursing talent needed to care for American patients.
The ABC's of Immigration: Inadmissibility - Criminal Grounds by Greg Siskind (PDF, 12K)
Read about how the need to prevent criminals from entering the United States has been one of the longest standing parts of U.S. immigration law.
The ABC's of Immigration: Grounds of Inadmissibility by Greg Siskind (PDF, 12K)
Read the first of a series of ABC's articles dealing with grounds of inadmissibility to the United States.
The ABC's of Immigration: Military Service by Greg Siskind (PDF, 9K)
Read about whether immigrants required to be available for military service.
The ABC's of Immigration: The O Visa by Greg Siskind (PDF, 25K)
Read about how the O-1 visa is a temporary work visa available to those foreign nationals who have "extraordinary ability in the sciences, arts, education, business or athletics" which "have been demonstrated by sustained national or international acclaim."
The ABC's of Immigration: Grounds for Asylum and Refuge by Greg Siskind (PDF, 12K)
Read about the procedure for the admission and resettlement of refugees.
The ABC's of Immigration: B-1/B-2 Visas by Greg Siskind (PDF, 716K)
Read about the two types of B visas: B-1 visas for business visitors, and B-2 visas for visitors for pleasure.
The ABC's of Immigration: Immigration Consequences of Mergers, Acquisitions and Other Corporate Changes by Greg Siskind (PDF, 17K)
Read about how the closing of a merger, acquisition, IPO or other corporate transaction can single-handedly render all of a company's immigrant workers illegal and subject an employer to serious exposure for I-9 immigrant verification violations.
The ABC's of Immigration: Immigration Issues Related to Lay Offs and Corporate Downsizing by Gregory Siskind (PDF, 19K)
Read about how, in the case of employers that employ alien workers, the individuals responsible for managing the downsizing process often overlook the significant immigration-related consequences impacting both the employer and its alien employees when lay offs take place.
The ABC's of Immigration: Bringing Mandamus Suits Against the USCIS by Gregory Siskind (PDF, 11K)
Read about how, in some cases, filing a writ of mandamus is the only way to force the USCIS to act.
The ABC's of Immigration: Q-1 Visas for International Cultural Exchange Visitors by Gregory Siskind (PDF, 80K)
Read about how the Q-1 nonimmigrant visa is designed for foreign nationals who are coming to the US to participate in an international cultural exchange program.
The ABC’s of Immigration: Immigration Under the Violence Against Women Act by Gregory Siskind (PDF, 10K)
Read about how this law has made changes to previously existing immigration laws that had allowed abused immigrant women and children to seek legal residency in the US independently of their abusers.
The ABC's of Immigration: Citizenship Rules for People Born Outside the United States by Gregory Siskind (PDF, 13K)
Read about one of the most complicated areas of US citizenship law: the passage of citizenship to children born outside the US to one or more US citizen parents.
Labor Department Releases Long-Awaited PERM Rules by Gregory Siskind (PDF, 972K)
The US Department of Labor today released the long-awaited PERM labor certification rules for permanent residency petitions. Read a summary of the regulation here in a question and answer format.
The ABC's of Immigration: The H-1B Visa by Gregory Siskind (PDF, 220K)
Read about how the H-1B visa program is the primary method for bringing in professional level foreign employees.
The ABC's of Immigration: Understanding the State Department Visa Bulletin by Gregory Siskind (PDF, 11K)
This summary will help you understand how to read the bulletin and what the different parts of it mean.
The ABC's of Immigration: First Preference Employment-Based Immigrants - International Managers and Executives by Gregory Siskind (PDF, 70K)
Read about how, because there is no need for a labor certification, this is a popular green card strategy for executives and has been of tremendous assistance for international business.
The ABC's of Immigration: Assignment of Social Security Numbers by Gregory Siskind (PDF, 373K)
Read about how the Social Security Administration (SSA) gives cards to individuals who are U.S. citizens or non-citizens who are lawfully admitted to the U.S. for permanent residence, or who have permission from the Department of Homeland Security (DHS) record to work in the United States.
The ABC’s of Immigration: First Preference Employment Based Immigration - Outstanding Professors and Researchers by Gregory Siskind (PDF, 87K)
Read about the requirements for this category.
The ABC's of Immigration: Children by Gregory Siskind (PDF, 10K)
Read about how there are a number of ways for children under 18 to obtain U.S. citizenship other than by birth.
The ABC’s of Immigration: Adoption and Orphans by Gregory Siskind (PDF, 15K)
Read about how immigration concerns are a major issue in the international adoption process.
The ABC’s of Immigration: M Visas for Vocational Students by Gregory Siskind (PDF, 311K)
Read about how the M visa is available to international students who are coming to the US to pursue a full-time course of study at an established vocational school or other nonacademic school that has been approved by the USCIS.
The The ABC’s of Immigration: The H-1B Cap by Gregory Siskind (PDF, 45K)
Read about what happens when the H-1B visa cap is met.
The ABC's Of Immigration: Obtaining Permanent Residency Through a Spouse by Gregory Siskind (PDF, 13K)
Read about how the spousal relationship is one of the most common bases for immigration to the US.
The ABC'S Of Immigration: Family Based Immigration Overview by Gregory Siskind (PDF, 51K)
Read about how immigration through a family member who is a U.S. citizen or permanent resident is the most common way of gaining U.S. residency.
The ABC'S Of Immigration: C Visas for Aliens in Transit Through the US and D Visas for Crewmembers by Gregory Siskind (PDF, 64K)
Read about how to obtain C and D visas.
The ABC’S Of Immigration - P-2 Visas for Artists and Entertainers in Reciprocal Exchange Programs and P-3 Visas for Artists and Entertainers Participating in Culturally Unique Programs by Gregory Siskind (PDF, 65K)
Read about P-2 and P-3 visas for artists and entertainers
The ABC'S Of Immigration: P-1 Visas for Athletes and Entertainers by Gregory Siskind (PDF, 107K)
Read about how the P categories, P-1, P-2 and P-3, are reserved for those aliens who will be coming to the United States to perform in athletics or entertainment, and who do not meet the extraordinary ability standard required for classification in the O category.
The ABC'S Of Immigration: S Visas for Aliens Assisting Law Enforcement by Gregory Siskind (PDF, 264K)
Read about how the S visa is given to aliens who assist US law enforcement to investigate and prosecute crimes and terrorist activities.
The ABC’S Of Immigration: Certifications of Foreign Health Care Workers by Gregory Siskind (PDF, 318K)
Read about why health care workers require special certification
The ABC’S Of Immigration: A, G, and NATO Visas For Foreign Government Representatives by Gregory Siskind (PDF, 48K)
Read about the visas which are available to officials of foreign governments and representatives of international nongovernmental organizations.
The ABC’S Of Immigration: H-3 Trainees by Gregory Siskind (PDF, 140K)
Read about how the H-3 nonimmigrant visa category is designed to allow foreign nationals to come to the US to receive training in many different activities.
The ABC’S Of Immigration: Visa Options for Graduate Medical Training by Gregory Siskind (PDF, 34K)
Read about visa options for graduate medical training: J-1 and H-1B visas.
The ABC'S Of Immigration: I Visas for Foreign Media Representatives by Gregory Siskind (PDF, 30K)
Read about the very useful, though not widely known or used, I visa, for foreign media representatives.
Chaos on the U.S. - Mexican Border (PDF, 362K)
CLINIC (Catholic Legal Immigration Network) has released a report on migrant crossing deaths, immigrant families and subsistence-level laborers. This report puts a human face on immigration and labor problems through dozens of case studies and covers border crossing deaths, human rights abuses against migrants in Mexico and the United States, the inundation of border communities with Border Patrol agents, ranchers, Indian nations, the expansion of U.S. enforcement activities outside U.S. territorial limits (and the consequences for the international regime of refugee protection), labor abuses, farm workers, NAFTA-displaced workers, the unincorporated communities known as colonias, foreign-owned assembly plants (maquiladoras) in Northern Mexico, and the impact of U.S. immigration laws on border families. It ends with a series of recommended changes to U.S. immigration and labor laws and policies. Donald Kerwin, CLINIC's Executive Director, wrote and researched the report. Molly McKenna, a CLINIC paralegal, developed case studies and did significant research. Jason Monaghan, a CLINIC intern, also contributed important research. Charles Wheeler, a CLINIC senior attorney, offered valuable comments and edited the report. The bound paperback version, complete with photographs, may be ordered through CLINIC's website, http://www.cliniclegal.org
The ABC'S Of Immigration: L-1 Intracompany Transfer Visas by Gregory Siskind (PDF, 14K)
Read about how L-1 intracompany transfer visas are non-immigrant visas available to persons coming to work in the US for an employer that is related to a company the applicant worked for prior to entering the US.
The ABC'S Of Immigration: Consular Processing Versus Adjustment of Status by Gregory Siskind (PDF, 13K)
Read about the two methods of securing permanent residence in the US once a person is approved for immigration: consular processing and adjustment of status.
The ABC's Of Immigration: J-1 Visas - Establishing a J-1 Exchange Visitor Program by Gregory Siskind (PDF, 260K)
Read about the procedures related to establishing an approved J-1 Exchange Visitor Program ("EVP").
The ABC's Of Immigration: J-1 Visas for Exchange Visitors by Gregory Siskind (PDF, 237K)
Read about how the J-1 visa is given to those who will be entering the US to participate in an approved educational or cultural program.
The ABC'S Of Immigration: Delta Regional Authority Physician J-1 Waiver Program by Gregory Siskind (PDF, 16K)
Read about the Delta Regional Authority's J-1 physician waiver program.
The ABC'S Of Immigration: Parole Status by Gregory Siskind (PDF, 11K)
Read about how an individual who is ineligible to enter the U.S. as a refugee, immigrant or nonimmigrant may be "paroled" into the U.S. by the Secretary of Homeland Security.
The ABC'S Of Immigration: R-1 Religious Worker Visas (PDF, 32K) by Gregory Siskind
Read about how religious workers seeking to temporarily enter the U.S. to pursue work in their field are likely to enter using the R nonimmigrant visa.
The ABC'S Of Immigration: Visa Options for Nurses Part 1: Non-Immigrant Visa Options (PDF, 27K) by Gregory Siskind
Read about how a growing shortage of nurses in the United States has forced many health care employers to look overseas for the nursing talent needed to care for American patients, and how bringing those nurses to the U.S. is challenging.
The ABC'S Of Immigration: Visa Options for Nurses Part 2: Immigrant Visa Options for Nurses (PDF, 20K) by Gregory Siskind
Read about how a growing shortage of nurses in the United States has forced many health care employers to look overseas for the nursing talent needed to care for American patients, and how bringing those nurses to the U.S. is challenging.
The ABC'S Of Immigration: Visa Options for Nurses, Part 3: Health Care Worker Certification (PDF, 25K) by Gregory Siskind
Read about how a growing shortage of nurses in the United States has forced many health care employers to look overseas for the nursing talent needed to care for American patients, and how bringing those nurses to the U.S. is challenging.
The ABC’S Of Immigration: E-1 and E-2 Visas (PDF, 21K) by Gregory Siskind
Read about what is an E-1/E-2 visa, and the addition of Chile and Singapore to the program.
The ABC'S Of Immigration: Temporary Protected Status (PDF, 15K) by Gregory Siskind
Read about how temporary protected status is granted to eligible nationals of designated countries who cannot return home due to a crisis in the home country.
The ABC'S Of Immigration: Understanding the H-2B Cap (PDF, 13K) by Gregory Siskind
Read about the H-2B visa: what it is, who is eligible for it, who is subject to the cap.
The ABC'S Of Immigration: Health-Related Grounds Of Inadmissibility (PDF, 18K) by Gregory Siskind
Read about how Section 212 of the Immigration and Naturalization Act designates the health-related grounds that render an applicant for a visa, admission, or adjustment of status inadmissible.
Oakdale Justice: Routine Vacatur of Stays in the Western District of Louisiana (PDF, 51K) By Nancy Morawetz
from the January 1, 2004 issue of Bender's Immigration Bulletin.
The ABC's of Immigration — NAFTA Visas for Canadians and Mexicans (PDF, 31K) by Gregory Siskind
Read about the TN nonimmigration visa, the visa created for Canadians and Mexicans following the passage of NAFTA.
The ABC's of Immigration — NEXUS (PDF, 15K) by Gregory Siskind
Read about the NEXUS program for frequent travelers between Canada and the United States sponsored by the Canadian and United States governments.
SEPARATE OPINION: The Precarious Saga of an Asylum Seeker: The Board of Immigration Appeals as the Final Arbiter (PDF, 29K) by Lory Diana Rosenberg
Read about the U.S. Supreme Court's decision on what constitutes past persecution and what evidence is required to rebut a presumption of future persecution for asylum seekers.
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