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       I.            Introduction This article discusses the various requirements of EB2 National Interest Waiver (NIW). An EB2 NIW allows foreign professionals with exceptional abilities holding an advanced degree, or its equivalent, along with other specifications, to work in the United States. Generally, a Labor Certification must be submitted … Continue reading

Update: Congress Passes Omnibus Bill

On Friday, Congress passed the omnibus bill, which will now go the President for signature.  The House moved first, passing the bill on a 316-113 vote. The Senate has now followed, clearing the legislation with a vote of 65-33. As we posted earlier, the omnibus bill includes a provision to … Continue reading

Recent BALCA Holdings

In a recent decision, BALCA determined that the employer verified sponsorship upon signing the statement certifying the conditions of employment on the mailed-in application and that the subsequent denial due to failed attempts to reach the employer to verify sponsorship was entered in error. The issue before BALCA in Matter … Continue reading

Effect of Expungement and Vacated Convictions in the Immigration Context

A criminal conviction, in general, carries obvious negative consequences. However, in the immigration context, a criminal conviction can result in even further consequences. For instance, a criminal conviction can result in removability, inadmissibility, or ineligibility for relief.  Because a criminal conviction carries such heavy consequences in the immigration context, questions … Continue reading