Update On Mandamus Actions
Lawler & Lawler Law Offices
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1M ago
Mandamus ActionsWe continue to file mandamus actions in court for a resolution of EB-5 investor visas – both I-526 and I-829 applications. While some cases take longer, recently upon filing a mandamus action, USCIS has granted these applications:New York – I-829: 17 daysSan Francisco – I-829: 18 daysSan Jose ..read more
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Artificial Intelligence and President Biden’s Executive Order for Artificial Intelligence/Machine Learning (“AI/ML”) Professionals and Related Workers
Lawler & Lawler Law Offices
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4M ago
Overall, the Executive Order 14110 directs the government agencies involved in visas and immigration to develop policies to encourage immigration of AI/ML professionals and “streamline processing times.”  The USCIS, Department of Labor and State Department have not yet issued new policies and/or rules pursuant to the Executive Order. They should promulgate ..read more
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Visas and Green Cards for Artificial Intelligence and Machine Learning Workers
Lawler & Lawler Law Offices
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4M ago
This is a discussion of President Biden’s new Executive Order 14110 regarding artificial intelligence which includes directives for visas and green cards for artificial intelligence/machine learning (“AI/ML”) and related workers. Overall, the Executive Order directs the government agencies involved in visas to develop policies to encourage immigration of AI/ML professionals ..read more
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New Immigration and Visa Rules for AI Technology Workers
Lawler & Lawler Law Offices
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5M ago
Technology workers involved in artificial intelligence or related fields may have new advantages for work visas and green cards.President Biden’s Artificial Intelligence Executive Order of October 30, 2023 (EO 14110) has immigration and visa provisions. In addition to ordering immigration agencies to review and create new immigration policies, the EO ..read more
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Expediting I-829 Removal of Conditional Resident Status
Lawler & Lawler Law Offices
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6M ago
USCIS has over 10,000 I-829 EB-5 investor visa applications on file. They sit on the USCIS shelf for 4 years or more.For a decision, to finally settle one’s immigration and apply for U.S. citizenship, I often file a “Mandamus” action in court. These actions are usually successful as there is ..read more
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Stateside Visa Renewal Pilot Program
Lawler & Lawler Law Offices
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11M ago
In February, the Department of State said it would renew a program terminated in 2004to allow H-1B visa holders in the U.S. to renew the visa stamp in their passport withoutgoing to an American consulate overseas. No details have been announced in the pastfew months. Hopefully, this program will be ..read more
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More Visa Backlogs and Immigration Delays Ahead
Lawler & Lawler Law Offices
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1y ago
It appears that soon the Visa Bulletin, which governs the allocation of immigrant visas, will backlog, even further, the cutoff date for employment based “EB-2” as well as possibly the EB-3 categories. The reason is twofold:There will be fewer unused visa numbers spilling down from the EB-1 category;There will be ..read more
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Foreign Students Can Now Have Work Permits Expedited
Lawler & Lawler Law Offices
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1y ago
A student on an F-1 visa may now file an expedite request for the following workpermits:Pre-completion OPTPost completion OPT24-month STEM extensionThis expedite procedure is only available for already-pending I-765 applications untilApril 3, when the expedite rule will be expanded to also apply to new I-765 applications.The expedite request (Form I-907 ..read more
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Clarification on H-1B Layoffs
Lawler & Lawler Law Offices
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1y ago
The USCIS has finally provided some clarification about its policy on maintaining H-1B status for those who are laid-off/terminated. The rules provide that one has a grace period of up to 60 days in H-1B status after a layoff or other “cessation of employment.” While one is in the grace ..read more
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Thoughts on Extraordinary Ability and National Interest Waivers
Lawler & Lawler Law Offices
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1y ago
For employment-based immigrations, usually, one must have an employer who files aLabor Certification with the Department of Labor (DOL) for the employer to prove workershortage. The EB-1 extraordinary ability and outstanding researcher as well as the EB-2National Interest Waiver (NIW) classifications exempts the immigrant from the slow DOLprocess, and EB-1s ..read more
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