Chris Prescott

On Tuesday, March 9, the new head of DHS, Alejandro N. Mayorkas announced that the government would no longer apply Trump’s Public Charge rule as it was not in the public interest or an efficient use of government resources. This rule was used by the prior administration to limit legal immigration by targeting low-income and...

On his first day in office, President Biden sent a new Immigration Bill to Congress in an effort to modernize a very much outdated Immigration system.  This bill is known as the “U.S. Citizenship Act” aims to introduce a number of key changes and was formally introduced in the House on February 18, 2021. An...

The Affidavit of support is filed to establish willingness and ability to financially support your immigrant spouse or family member.  By filling this form, you are declaring to USCIS that the intending immigrant (and joining family member) will not become a public charge.  As the Petitioner of the immigrant, you are required to submit this...

PERM is an acronym for the “Program Electronic Review Management” system established under the Department of Labor (DOL) regulations. It is a critical component of the employment-based immigration process, as it initiates the journey toward lawful permanent residency for foreign nationals through employment. This process, which includes both PERMs and audits, is essential for ensuring...

COVID-19 has taken its toll on the labor market, resulting in millions of people losing their job.  Unfortunately for those on a nonimmigrant visa such as an H-1B, the clock starts ticking on their last day of work.  H-1B holders generally have 60 days or until the end of their authorized stay, whichever is shorter,...

(Updated 02/25/2021) For the past several years we have been publishing articles with the intent of keeping the Immigration Community fully informed.  However, for most of these articles we have had to be the bearer of bad news.  Under the Trump administration every change or measure was an attempt to restrict Immigration in some way,...

On January 15 DHS released the text of a new rule which will change the way USCIS will determine whether an Employer/Employee relationship will exist.  Furthermore, on the same day, DOL also released a memo that now interprets the regulations to require end-clients to also file an H-1B petition. USCIS had previously relied on two...

Employers filing H-1B petitions need to be aware of the 240- day rule as it applies to filing H-1B extensions, as this rule allows employees to continue to work beyond the expiration of their authorized stay. This rule is particularly important when an Employer is filing an H-1B extension either when premium processing is unavailable...