Declaring “National Importance” with an Employer-Focused Proposed Endeavor

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By: Hailey Sylvander We recently facilitated an interesting expert opinion letter for one of our clients’ National Interest Waiver (NIW) petitions. The beneficiary worked in mechanical engineering and robotics, specifically as it applies to biotechnology – a field with countless benefits to the United States, its economy, and its society. While demonstrating the national importance of this work would not normally be a challenge for our experts, the stated endeavor at the heart of this petition carried a strong focus on the beneficiary’s work for the petitioning company. And supporting a “proposed endeavor” that is employer-focused does require extra care, as USCIS often does, and most likely would ...

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Credential Evaluation Update: Equivalency Changes to Indian MCA Degrees

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By: Howard Borenstein In a 2020 development, India’s University Grants Commission approved a change in duration for the Indian Master of Computer Applications (MCA) degree— the MCA was shortened to a two-year program. This update is significant as students have now completed and are graduating from this new program. Formerly spanning three years of study, the program has transitioned to a two-year structure, starting with the class of 2020-21. The All India Council of Technical Education (AICTE) stated the decision was prompted by a decrease in enrollment of students coming from backgrounds not related to Computer Science, such as Physics, Mathematics, and Chemistry. When the program was first introduced in ...

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Park Translations Providing Support for Pro Bono Afghan Asylum Petitions

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By: Annika Minton When the United States military withdrew its troops from Afghanistan in August of 2021, thousands of Afghan civilians were left seeking asylum in the U.S. Around 5,000 Afghan asylum-seekers arrived in the states in September of 2021, hoping for a smooth, quick approval process—unfortunately, the wait time for a response on an asylum-seeker’s claim is between two to six years. Some law firms took this opportunity to help these Afghans in need and are continuing their pro bono work to help them fill out their EAD (employee authorization documents) extensions and TPS (Temporary Protected Status) applications, which would allow them to continue to work in the United States while waiting for their ...

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Attorney Spotlight: Nancy Shalhub of Ogletree Deakins

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By Ryan Mernin Ryan recently caught up with Nancy Shalhub of Ogletree Deakins to discuss the relatively new H-1B lottery and other potential immigration policy changes. This entry in our Attorney Spotlight series continues our focus on emerging challenges and changes in the business immigration world. Q: What visas does your firm typically handle? Nancy: Ogletree Deakins has one of the nation’s largest business immigration practices, providing premier immigration services for nearly 28 years. Our largest corporate immigration clients are Fortune ...

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Attorney Spotlight: Shai Dayan

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Our very own Emily Grant sat down with Shai Dayan, Senior Counsel at Gibney, Anthony & Flaherty, LLP, for our latest Attorney Spotlight Series.Thank you Shai for sharing your astute thoughts and predictions on where our business immigration industry is heading!

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Attorney Spotlight: Shehryar Chaudhry at BAL

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By Shail Sturm and Ryan Mernin Business immigration can present interesting challenges to immigration attorneys and their industry partners. Seasonal workloads and annual changes to the regulatory rhythm of petition filings sometimes disrupt the day-to-day operations even for industry leaders - not to mention delays and difficulties brought on by the global pandemic. But recent updates from USCIS seem to point toward a smoother process and more responsive regulatory environment. This week, Ryan and Shail spoke with Shehryar Chaudhry at Berry Appleman & Leiden to focus in on regulatory updates, USCIS' efforts to address consulate backlogs, and other upcoming ...

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Attorney Spotlight: Hiba Anver of EIG

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By Shail Sturm and Ryan Mernin Despite pandemic shocks, business immigration continues to be a strong route for the world's talent to enter the United States. Shail and Ryan caught up with Hiba M. Anver at Erickson Immigration Group to provide clarity on current trends and obstacles facing foreign nationals seeking entry to the United States on the H-1B visa. This entry in our Attorney Spotlight series continues our focus on emerging challenges and changes in the business immigration world. Park Evaluations: What visas do your firm typically handle and what trends have ...

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The National Interest Waiver: How to Prove a Beneficiary is Beneficial

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The National Interest Waiver: How to Prove a Beneficiary is Beneficial

  By Maddie Carlson  What is a National Interest Waiver and how can you get one? As one might expect from the name alone, having an offer of employment is typically required for individuals seeking an EB-2 employment-based, second preference visa. But in certain cases, a candidate may want to waive the employment requirement and labor certification portion of the EB-2 petition process. This commonly occurs when an applicant displays expertise in their industry and is seeking work that would benefit the United States. In these cases, the candidate may qualify for a National Interest Waiver (NIW) that would remove the need for a pre-established employment offer. However, pursuing a National Interest Waiver does add to the petitioner’s burden of proof. In addition ...

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