Recent posts

  • Type: News
    Post date: Jul 1st 2020
    Body:

    In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants and petitioners who are responding to certain:

    • Requests for Evidence;
    • Continuations to Request Evidence (N-14);
    • Notices of Intent to Deny;
    • Notices of Intent to Revoke;
    • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
    • Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
    • Filing date requirements for Form I-290B, Notice of Appeal or Motion.

    Notice/Request/Decision Issuance Date:

    This flexibility applies to the above documents if the issuance date listed on the request, notice or decision is between March 1 and Sept. 11, 2020, inclusive. 

    Response Due Date:

    USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date set in the request or notice before taking any action. USCIS will consider a Form N-336 or Form I-290B received up to 60 calendar days from the date of the decision before USCIS takes any action.

    USCIS is adopting several measures to protect the workforce and community and to minimize the immigration consequences for those seeking immigration benefits during this time. 

    USCIS will provide further updates as the situation develops and will continue to follow CDC guidance. Education and precautions are the strongest tools against COVID-19 infection. Please visit uscis.gov/coronavirus for USCIS updates.

  • Type: News
    Post date: Jul 1st 2020
    Body:

    Agency is prioritizing naturalization ceremonies during the COVID-19 pandemic

    Release Date: July 1, 2020

    WASHINGTON — U.S. Citizenship and Immigration Services is celebrating the Declaration of Independence and the birth of the great country by hosting naturalization ceremonies across the United States from July 1 through July 7. Despite the pandemic, USCIS continues to welcome new citizens, demonstrating American resiliency and the importance of independence. 

    USCIS began to conduct limited naturalization ceremonies in May and began to fully resume ceremonies in early June, after temporarily pausing in-person services to mitigate the spread of COVID-19. The ceremonies have been shorter to limit exposure to those in attendance, incorporating social distancing and other safety precautions that protect the health and safety of applicants and USCIS staff. USCIS has naturalized approximately 64,500 new citizens over the past month and anticipates completing nearly all postponed administrative naturalization ceremonies by the end of July. 

    “Taking the Oath of Allegiance and embracing U.S. citizenship is a remarkable act of patriotism. We are a stronger nation today because of those who have chosen to become naturalized citizens,” said USCIS Deputy Director for Policy Joseph Edlow. “I am proud of the USCIS employees who have worked diligently to ensure that our agency can conduct safe, yet meaningful, naturalization ceremonies during these difficult times.”

    USCIS is committed to promoting assimilation, awareness and understanding of citizenship by offering a variety of free citizenship preparation resources for applicants and teachers, including materials like the Establishing Independence lesson plan in the Citizenship Resource Center. Immigrant-serving organizations can register to receive a free Civics and Citizenship Toolkit to help lawful permanent residents prepare for naturalization.

    USCIS continues to encourage applicants to file their Form N-400, Application for Naturalization, online. To file online, individuals must first create a USCIS online account at myaccount.uscis.dhs.gov.

    Naturalization is the most significant benefit USCIS offers. Immigrants who lawfully join the country through naturalization express their attachment to the Constitution and commitment to assimilate into the society.

  • Type: Sample Case
    Post date: Jun 30th 2020
    Body:

     

    We filed an L-1A for a managerial level employee seeking a second two year extension of the beneficiary’s classification as a nonimmigrant intracompany transferee (L-1A) to enable the beneficiary to continue in his position as Director-Product Engineering, a position he had held since the approval of the initial petition. Subsequent to filing the petition we received a Request for Evidence (RFE). We responded and the petition was then approved. The RFE requested additional information regarding the beneficiary’s qualifications, the managerial position abroad (to prove he had at least one continuous year, within the three years prior to his application for admission to the U.S., of full time employment with a qualifying foreign organization (which was the case, as the U.S, company was a 100% subsidiary of the foreign company)), and the proposed managerial position in the U.S. In the response to the RFE we provided extensive narratives and corroborating documents explaining further and beyond what was submitted with the initial L-1A filing. In addition to a response letter we provided extensive corroborating evidence as exhibits that included letters from authorized representatives of both companies that very comprehensively addressed the concerns and which themselves included exhibits. The hurdle here was proving that a second extension was warranted from a legal and factual standpoint.  Our legal argument combined with the significant volume of corroborating evidence proved successful. 

  • Type: Sample Case
    Post date: Jun 30th 2020
    Body:

     

    We filed an L-1A for a managerial level employee (intracompany transferee) The U.S. company was seeking to employ the beneficiary as Manager - Business Finance. Subsequent to filing the petition we received a Request for Evidence (RFE). We responded and the petition was then approved. One of the challenges in this case included establishing that the foreign entity and the U.S. had a “qualifying relationship” as there was a complex multinational organizational structure that included several subsidiary relationships. Other challenges were proving that the positions in both countries were high senior level functional managerial positions, not routine operational activities, and that they were managed, not performed, by the beneficiary. The positions also had team management responsibilities, requiring the sometimes difficult delineation as to whether each specific job duty fell under personnel (team management) or functional management. The Response to the RFE included further information about ownership and control of the companies and a significant amount of additional detail about the beneficiary’s managerial positions and those of his subordinates and their relationships within the hierarchy of the companies.

  • Type: Sample Case
    Post date: Jun 30th 2020
    Body:

     

    We filed an L-1A for an executive/managerial level employee (intracompany transferee). The U.S. company was seeking to employ the beneficiary as a senior vice president. Subsequent to filing the petition we received a Request for Evidence (RFE). We responded and the petition was then approved. One of the challenges in this case included establishing that the foreign entity and the U.S. had a “qualifying relationship” where there is a complex multinational organizational structure that includes several subsidiary relationships. Other challenges were proving that the position in both the U.S. and abroad was both executive and managerial. Our Response to the RFE included further information about ownership and control of the companies and a significant amount of additional detail about the executive/managerial positions abroad and in the U.S. Among other factual and legal submissions, detailed and corroborating information was provided regarding the positions included: narratives with very specific descriptions of beneficiary’s and direct reportees’ job duties, letters from company executives corroborating this information, quarterly reports with salary levels (redacted for privacy), charts showing beneficiary’s detailed job description and the percentage of time spent (and to be spent) on each duty.