On July 16th, 2021, a federal court overseen by Judge Hanen in Texas ruled that the Deferred Action for Childhood Arrival (DACA) program is unlawful because the Department of Homeland Security did not properly follow the mandated rule-making process as proscribed in the Administrative Procedures Act. Other federal courts, however, had already determined that the …
Author: Ann Massey Badmus
I help immigrants get legal residence in the United States to achieve their professional, business, and personal goals. Immigration keeps our country strong by the positive contributions of our immigrant business owners, professionals, advocates, and community leaders. That's why it is a great honor for me to represent and advise immigrants, businesses, and employers nationwide.
Justice Department Settles with Delivery Services Company to Resolve Retaliation Claim
The Department of Justice today announced that it has reached a settlement agreement with Around the Clock Dispatch Inc., a freight and delivery services company in Queens Village, New York. The settlement resolves the department’s claim that Around the Clock violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by retaliating against a …
What is happening with the EB-5 immigrant investor program?
Since 1990, the EB-5 immigrant investor program has allowed foreign investors to receive permanent residence for their family members by allowing them to invest money in approved businesses, which must create at least 10 full-time jobs. The program had undergone several changes as announced in the so-called Modernization Rule under the Trump administration; however, due …
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New International Entrepreneur Parole Rule
International entrepreneurs and U.S. investors might be interested to know that the Biden administration recently revived the International Entrepreneur Rule (IER), which was first introduced under the Obama Administration and was suspended under Trump’s administration. According to the federal government, the IER could benefit America’s economy while simultaneously encouraging quality entities to start viable businesses …
Second Chance for Denied H-1B Petitions During Trump Administration?
During the Trump administration, many H-1B applications, including renewals of H-1B employment, were denied due to three policies which federal courts have found to violate the law. The policies were embodied in several USCIS memoranda: “Determining Employer-Employee Relationship for adjudication of H-1B petitions, including Third-Party Site Placements (Reference AFM Chapter 31.3.(g)(16)) issued January 8, 2010“Contracts …
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Biden Administration Revokes Trump Era “Buy American, Hire American” Executive Order
On January 25, 2021, President Biden issued an executive order (“Made in All of America by All of America’s Workers”), which effectively revoked Trump’s Buy American and Hire American Executive Order (“BAHA”). The revocation of BAHA may represent a shift in employment-based immigration policy in particular. The BAHA order led to many restrictive immigration policies under the …
Computer Programmers may now qualify again for H-1B visas
In its unrelenting assault on H-1B visas for IT professionals, the Trump administration turned back a long standing policy and denied thousands of H-1B petitions for computer programmer positions. The USCIS claimed these positions were no longer specialty occupations as defined by H-1B rules. Many companies filed lawsuits to contest denials based on this policy …
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USCIS Extends Time to Respond to Requests for Evidence and Other Case Requests
On July 1, 2020, USCIS issued a new notice, adding to the notice issued May 1st, extending the period of time individuals can respond to certain requests. The notice states:USCIS Extends Flexibility for Responding to Agency RequestsIn response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on …
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Trump’s Proclamation Suspends H-1B, H-2B, J-1, and L-1 Visas for Applicants Outside the U.S.
The most recent executive order which attempts to reduce immigration to the U.S. was issued late this afternoon, June 22, 2020. With some exemptions, it suspends the “entry into the United States of any alien seeking entry pursuant to” an H-1B, H-2B, and L-1 visa. J-1 visas for interns, trainees, teachers, camp counselors , au pairs, or summer …
New J-1 Waiver Option for Primary Care Physicians Now Available at Department of Health and Human Services
The U.S. Department of Health and Human Services (DHHS) recently expanded its J-1 waiver program. Now private employers can request a waiver of the two-year home residency requirement for qualified J-1 physicians from the DHHS clinical care waiver program. The DHHS accepts requests from employers in all 50 states. Unlike the Conrad 30 state waiver …
Ann Massey Badmus 