James Root's Blog (21)

The United States Citizenship and Immigration Services (USCIS) has announced its plans to impose a significant increase in the fee to file the application for U.S. citizenship (Form N-400) to take effect on July 30, 2007. Currently, the fee is $400, but it will increase to $675, an increase of 69%.

The USCIS Rationale for the Fee Hike and the Comprehensive Fee Study

The USCIS maintains that it must comply with federal statutory and administrative requirements to ensure that t

Adjustment of status and consular processing are two ways to request permanent resident status in the United States. Each option has its postives and negatives, and you should make sure you're aware of the differences before making your decision.

For more information, take a look at: A Comparison of Consular Processing vs. Adjustment of Status and

To obtain permanent resident status in the United States, you may opt for consular processing (where you apply for an immigrant visa through the Department of State and must attend an interview at a U.S. Consulate in your country of residence abroad) or adjustment of status (where you remain in the United States and file an application with USCIS). Each has its own set of pros a

The United States Citizenship and Immigration Services (USCIS) has announced its plans to impose a significant increase in the fee to file the application for U.S. citizenship (Form N-400). Currently, the fee is $400, and estimates for the proposed increase range from a hike to $600 or even $1,000. The agency anticipates that the new fee could go into effect as early as April 2007.

The USCIS Rationale for the Fee Hike and the Comprehensive Fee Study

The USCIS maintains th

Five years after the terrorist attacks of 9/11, U.S. colleges and universities are fighting to reverse what some consider an alarming decline in foreign student enrollment. Despite a tightening of visa regulations in the months immediately following the attacks, foreign student enrollment actually increased in 2001, in part because of students who already had applied or enrolled, but since then numbers have steadily declined.

The United States has always remained open to talented peopl

Any qualified candidate who can meet the legal requirements outlined below can expeditiously immigrate to the U.S. by filing his immigrant petition directly with BCIS. In other words, in these cases a prospective employer is not required to file a labor certification and prove a lack of qualified U.S. workers. However, a job offer by a U.S. employer is required and the applicant ("professor or researcher") must be outstanding in an a

Extraordinary ability is a level of expertise that places the applicant among "the small percentage of individuals who have risen to the very top of their field of endeavor". Generally, this means that the applicant must demonstrate that he/she is among the top 5% of experts within their field. This immigrant category is not subject to a labor certification requirement prior to filing for the adjustment of status.

An executive or a manager who meets the legal requirements of the Immigration and Nationality Act ("INA") §203(b)(1)(C) can immigrate to the U.S. expeditiously, without having to file a labor certification. In other words, neither the beneficiary nor his employer needs to prove a lack of qualified U.S. workers to the State Workforce Agency or the Department of Labor before the beneficiary is permitted to file his/her adjustment of st

Lawful permanent residence is an "immigrant" status (not a U.S. citizenship). This status entitles the applicant to live and work in the United States permanently. Obtaining permanent residence through employment sponsorship involves going through the following three phases:

Jobs in the U.S. high-technology industry continue to grow and, at the same time, there continues to be a shortage of qualified American citizens and permanent residents to fill these tech and engineering jobs. Filling the gap provides an opportunity for foreign nationals who may qualify for the H-1B visa program. The fiscal year 2007 annual cap on H-1B admissions was already reached earlier in the year, however, H-1B visas for FY2008 will become available on October 1, 2007 and applications

Reuniting and keeping families together has traditionally been Congress' foremost consideration in the promulgation of U.S. immigration laws. The information found in this article will help you to identify all the lawful forms of relief available to foreigners based on their family relationship to citizens or to permanent residents of the United States.

The Immigration and Nationality Act ("INA"), as amended by the Immigration Act of 1990, retains family reunification as a major object

The “SKIL Bill”, short for “Securing Knowledge Innovation and Leadership Act of 2006”aims to increase legal immigration of scientific, technology, engineering, and mathematics workers into the United States by increasing the quotas on the H-1B visa, eliminating green card caps for certain advanced degree holders, and streamlining the processing of employment-based green cards.

Here’s a summary of changes in the SKIL bill:

H-1B Visa: The bill increases the annual c

Consular processing and adjustment of status are two means to the same end: obtaining permanent resident status in the United States. If you opt for consular processing, you would apply for an immigrant visa through the Department of State and must attend an interview at a U.S. Consulate in your country of residence abroad. If you opt for adjustment of status, on the other hand, you would remain in the United States and file an application with USCIS. Because these two separate agencies each

With the US economy growing, accounting, law firms, consultants, advertising agencies, architectural firms, investment banks and other industries have to spend more time and money to find and retain enough employees to handle the increased workload. In a recent survey of L.A. area executives, finding and hiring qualified employees was identified as the single biggest challenge for companies.

The shortage of skilled workers means recruiters are spending more time on college campuses, si

Federal Regulations (8 CFR Sec.274a.12-14) established three categories of persons who are eligible to work in the U.S. First, there are persons authorized to work incident to their status (e.g., lawful permanent residents, people who were granted temporary protected status, fiancées). Second, there are persons authorized to be employed, incident to their status, with specific employer (e.g., H-1B, O-1). Finally, there are persons wh

If you are residing in the U.S. on a nonimmigrant status you may be able to change your status to another nonimmigrant or immigrant category pursuant to INA Sec.248, 8 U.S.C. Sec.1258. For example, a B1 business visitor may need to stay in the U.S. longer in order to help his foreign employer establish a U.S. branch office. In this case, if the foreign national is to be paid out of the U.S. office, he will need to change his status to a work authorized category, such as L1A or L1B category.

Effective August 28, 2006,U.S. Citizenship and Immigration Services (USCIS) will accept Premium Processing Service for certain EB-3 immigrant visa applications. If the premium processing fee of $1,000 is paid, cases will be processed in 15 calendar days. This includes petitions involving two employment-based immigration “categories” within the third employment-based preference.

Those categories involve EB-3 Professionals, (i.e. immigrant workers with bachelor degrees who are members o

President Bush appears to be encountering greater resistance from the U.S. Congress as he continues to push for comprehensive immigration reform. On Tuesday, House Republican leaders announced they will be holding public hearings across the country on the Senate bill that includes guest worker and legalization provisions.

This is the latest sign of reluctance amongst the House leadership to negotiate a final compromise bill that would include a guest worker program and a path to citiz

Dual Citizenship

The United States requires all new citizens to take an oath of allegiance to the United States. Part of that oath includes a renunciation of all prior nationality. Some countries, such as Germany, Japan, and Singapore, treat this as an effective renunciation of citizenship and citizens o

Rather than proceed directly with a conference committee to reconcile the differences between the House and Senate immigration bills, House Republicans have chosen to hold a series of public hearings intended to bolster support for the House's enforcement-based legislation. In response, the Senate Judiciary Committee is also holding hearings. Chairman Specter plans to promote the temporary worker program and earned legalization provisions in S. 2611.

The Republican House majority clai