The “public charge” concept was first established by Congress in 1882 in order to allow the U.S. government to deny a U.S. visa to anyone who “is likely at any time to become a public charge” — but without defining what “public charge” means or describing how they determine whether someone would be likely to…

After a ruling by the U.S. Supreme Court on January 27, 2020, the Department of Homeland Security can now implement its new rule relating to the “public charge” ground of inadmissibility. DHS announced that the rule will go into effect on February 24, 2020, requiring many Form I-485 applications for permanent resident (“green card”) status…

The Trump administration recently expanded Presidential Proclamation 9645 – also known as the “travel ban” – to include six additional African countries, prohibiting these nationals from eligibility for certain immigrant visas (for permanent resident or “green card” status). The countries include: Nigeria, Myanmar, Eritrea, Kyrgyzstan, Sudan, and Tanzania. How will this affect travel to the…

The Supreme Court has ruled that, under the Department of Homeland Security rule, legal immigrants receiving or deemed likely to need non-cash benefits for more than a year (such as food stamps, Medicaid or housing vouchers) can be denied residency or green cards, under the principle that “immigrants must be financially self-sufficient.” These restrictions are…

USCIS Documents Reveal The Sources Of H-1B Visa Restrictions By Stuart Anderson Sep 19, 2019 New government documents reveal the increase in denials and Requests for Evidence for H-1B petitions are part of an effort by U.S. Citizenship and Immigration Services (USCIS) to achieve desired results – fewer high-skilled foreign nationals working in America. The American Immigration…

The Latest on EB-5 Wait Times and Visa Bulletin Projections By AILA’s EB-5 Committee1May 7, 2019 On May 6, 2019, Mr. Charles (“Charlie”) Oppenheim, Chief of the U.S. Department of State (DOS) Visa Control and Reporting Division, provided incredibly important updates relating to EB-5 visa demand that are invaluable for attorneys advising both current and…

Why Is Your Case Taking So Long? USCIS Processing Delays Have Now Hit Crisis Levels Why Hasn’t Your Case Been Decided Yet? Nationwide, you and millions of families, businesses, and people applying for humanitarian relief are waiting longer for U.S. Citizenship and Immigration Services (USCIS) to process and approve your applications and petitions. Five years…

Link to the article: Bar Harbor businesses struggle to find season employees »

USCIS has received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if we have received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap. The agency will…

Federal immigration authorities are expected to release an additional 30,000 visas for the workers, which could help fill seasonal labor gaps afflicting Maine’s summer tourism businesses. The Department of Homeland Security is poised to release up to 30,000 additional visas for foreign seasonal workers to fill vacant jobs across the country, including many in Maine’s…

U.S. Trade Representative Confirms That Access to the TN Visa Classification for Citizens of Mexico and Canada will remain unchanged under the new U.S.-Mexico-Canada Agreement (USMCA). In a January 29, 2019, statement issued by the U.S. Trade Representative on changes required to bring the U.S. into compliance with its obligations under the renegotiated NAFTA, or…

This tool will ask questions to help determine your fee; however, it does not store answers to the questions or any other personal information. Read more here.

The Department of Homeland Security (DHS) posted today for public inspection, a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the…

The visa bulletin for February 2019 has been published by the Department of State. This bulletin summarizes the availability of immigrant numbers during February for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. View the visa bulletin…

The Office of Rural Health and Primary Care, which administers the Conrad State 30 J-1 waiver program in Maine for international medical graduates who have performed post graduate medical training in the U.S. while maintaining J-1 exchange visitor status, has announced that all thirty (30) waiver slots for Fiscal Year 2019 ending September 30, 2019…

President Trump has proposed a rule change that would expand the public charge ground of inadmissibility. That rule is not yet in effect. Rumors are going around that any permanent resident who has used any form of public assistance will not be allowed to re-enter the U.S. from travel abroad. This is not true. “Admission”…

The visa bulletin for December 2018 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. View the visa bulletin for December 2018.

The visa bulletin for November 2018 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. View the visa bulletin for November 2018.

The visa bulletin for October 2018 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. View the visa bulletin for October 2018.

The USCIS will be increasing its processing fee for some of of its forms beginning on October 1. The increase in fees are said to be needed for the USCIS to more effectively adjudicate petitions and for it to maintain its currently level of service to petitioners. You can see the full press release from…

The visa bulletin for September 2018 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. View the visa bulletin for September 2018.

Landis Arn & Jaynes, P.A., a law firm located in Portland Maine exclusively devoted to the practice of immigration law and recognized by U.S World and News Reports as a Regional Tier-1 law firm in the field, is pleased to announce that Attorney Peter J. Landis is one of four attorneys in New England who…

Feb. 14, 2018, Update:  USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Due to federal court orders on Jan. 9, 2018 and Feb. 13, 2018, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. The scope of the Feb. 13 preliminary injunction…

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States. This policy aligns with President Trump’s Executive Order: Enhancing…

The visa bulletin for December 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for December 2017.

Update on President Trump’s Travel Ban (6/29/17) President Trump’s ban on travel has been further defined to clarify who will be affected and who is exempt based on “a close U.S. family relationship or formal ties to a U.S. entity.”

Revised I-9 Employment Eligibility Verification Form USCIS has published a new version of Form I-9 with a revision date of 07/17/2017. Employers may continue using Form I-9 with a revision date of 11/14/2016 through September 17, 2017. To view or download the new I-9 form, visit the USCIS website at https://www.uscis.gov/i-9.

August 2017 Visa Bulletin The visa bulletin for August 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for August 2017.

Reinstatement of Premium Processing Service Expanded Premium processing requests, which allow for swifter adjudication of certain types of petitions granting immigration benefits in employment-sponsored cases, were suspended at the end of March 2017. USCIS announced in June that it would accept premium processing requests for employment-sponsored petitions for certain medical doctors. Premium processing service has now…

New USCIS Field Office Director Cindy Lembarra has announced that she has accepted a new position as the Field Office Director in the Portland  Maine Field Office of USCIS. We are delighted to continue working with Ms. Lembarra in this new capacity.  She is knowledgeable, responsive, and compassionate. This appointment is very good news for…

Advisory on DACA Recission The Trump administration announced earlier this week that it has rescinded the Deferred Action for Childhood Arrivals (DACA) program, which protects certain young people brought to the US as children from deportation or removal. For important information and deadline notifications, read the Immigrant Legal Advocacy Project advisory.

September 2017 Visa Bulletin The visa bulletin for September 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for September 2017.

October 2017 Visa Bulletin The visa bulletin for October 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for October 2017.

November 2017 Visa Bulletin The visa bulletin for November 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for November 2017.

Premium Processing Reinstated for All H-1B Petitions USCIS has announced that the premium processing service has been reinstated for all H-1B petitions.

USCIS has announced that the premium processing service has been reinstated for all H-1B petitions.

The visa bulletin for November 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for November 2017.

The visa bulletin for October 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for October 2017.

The visa bulletin for September 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for September 2017.

The Trump administration announced earlier this week that it has rescinded the Deferred Action for Childhood Arrivals (DACA) program, which protects certain young people brought to the US as children from deportation or removal. For important information and deadline notifications, read the Immigrant Legal Advocacy Project advisory.

Cindy Lembarra has announced that she has accepted a new position as the Field Office Director in the Portland  Maine Field Office of USCIS. We are delighted to continue working with Ms. Lembarra in this new capacity.  She is knowledgeable, responsive, and compassionate. This appointment is very good news for the immigrant population and for…

Premium processing requests, which allow for swifter adjudication of certain types of petitions granting immigration benefits in employment-sponsored cases, were suspended at the end of March 2017. USCIS announced in June that it would accept premium processing requests for employment-sponsored petitions for certain medical doctors. Premium processing service has now been reinstated for additional types…

The visa bulletin for August 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for August 2017.

USCIS has published a new version of Form I-9 with a revision date of 07/17/2017. Employers may continue using Form I-9 with a revision date of 11/14/2016 through September 17, 2017. To view or download the new I-9 form, visit the USCIS website at https://www.uscis.gov/i-9.

President Trump’s ban on travel has been further defined to clarify who will be affected and who is exempt based on “a close U.S. family relationship or formal ties to a U.S. entity.”

Premium processing requests, which allow for swifter adjudication of certain types of petitions granting immigration benefits in employment-sponsored cases, were suspended at the end of March 2017. USCIS has now announced that it will accept premium processing requests for employment-sponsored petitions for certain medical doctors.

Maine’s seasonal tourism industry continues to experience a shortage of available workers. Businesses struggling to fill open positions could benefit from the issuance of extra temporary worker visas, even this far into the season.

The visa bulletin for July 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for July 2017.

After nearly 5 months on hold, a limited version of President Trump’s travel ban is put into effect until the Supreme Court considers the case in the fall.

The visa bulletin for June 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for June 2017.

More than 100 days after President Trump’s original executive order temporarily banning nationals from 7 Muslim-majority countries and halting refugee resettlement, the legal battle over its constitutionality continues in 2 appeals courts on opposite sides of the country. The case could end up in front of the Supreme Court this fall. Read more at reuters.com.

USCIS has announced a redesign of permanent resident and employment authorization cards, which will begin to be issued on May 1st. These new cards include improved security and fraud-prevention features. Read more about the redesigned cards here.

The visa bulletin for May 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for May 2017.

The U.S. has imposed new limits on electronic devices carried on board certain foreign-operated airlines with flights arriving directly from 10 airports in 8 countries. The restrictions prohibit devices larger than a cell phone from the cabin and require that they be placed in checked baggage. The U.S. Department of Homeland Security has further clarified…

The visa bulletin for April 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for April 2017.

In response to the federal appeals court’s unanimous decision to uphold the freeze on President Trump’s January 29th travel ban, the White House has focused its efforts on creating a new version, which could be released as early as this week. While the new executive order reportedly eliminates the specific restriction on Syrian refugees and…

President Trump’s travel ban is creating uncertainty and hardship for medical schools, residency programs, and underserved rural hospitals. NPR reported on the U.S. dependence on foreign-born doctors and the potential effects of the travel ban, the text and audio of which can be found here: http://www.npr.org/sections/health-shots/2017/02/11/514399475/trump-travel-ban-spotlights-u-s-dependence-on-foreign-born-doctors.

The visa bulletin for March 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for March 2017.

USCIS has published a fact sheet regarding employment authorization document (EAD) extension applications (those that were filed under the same eligibility category) being eligible for a 180-day automatic extension.

The Portland Press Herald published an article today regarding the effect Trump’s immigration ban is having locally. Cynthia Arn and Peter Landis were both interviewed for the story, which can be accessed here.

The president’s Executive Order (EO) of January 27, 2017 directed that new visa screening processes and procedures be developed and implemented, which will clearly cause delays for obtaining visa interview appointments and the processing of visas, both nonimmigrant and immigrant, at U.S. consulates abroad. Until we have a better sense of how the visa issuance…

ALERT: Travel Warning Based on Trump Executive Order of January 27, 2017

The visa bulletin for February 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for February 2017.

In New England, the region with the oldest population in the United States, business leaders say that immigrants help reduce worker shortages, according to Maine Public Radio. Read more here.

The visa bulletin for January 2017 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for January 2017.

USCIS has recently announced that the filing fees associated with most of its forms will increase, effective December 23, 2016. Petitions and applications filed on or after that date will need to include the new filing fee amount. A list of new fees can be found here: https://www.uscis.gov/forms/our-fees.

The visa bulletin for December 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for December 2016.

USCIS has published a new version of Form I-9 with a revision date of 11/14/2016. Employers may continue using Form I-9 with a revision date of 03/08/2013 through January 21, 2017. To view or download the new I-9 form, visit the USCIS website at https://www.uscis.gov/i-9.

The visa bulletin for November 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for November 2016.

The ACLU of Maine has translated its voting rights guide and made them available for free through their web site: https://www.aclumaine.org/en/know-your-rights/know-your-rights-voting.

The visa bulletin for October 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for October 2016.

This year’s Diversity Visa Lottery application period starts on 10/4/2016 and ends 11/7/2016. The visa lottery is intended to introduce diversity into our immigration system by providing nationals of certain lower volume countries with a way to immigrate to the U.S. Numbers are limited so file your application early! We are here to answer any…

The visa bulletin for September 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for September 2016.

The local of USCIS will be holding its next open house at the Portland Public Library on August 9th 10:00am to 12:00pm. The USCIS open houses provide an opportunity for interested parties to visit with officers outside of the formal office setting and to ask any questions they have and to obtain status updates on…

A report released August 3rd by the Partnership for a New American Economy – a coalition of national business leaders and elected officials – offers detailed information about the economic impact of immigrant-owned businesses. The report is part of a campaign to reform U.S. immigration laws.

ILAP, through a Project Citizenship grant, is providing free citizenship application assistance. We are scheduling a one-day eligibility screening event. If you or someone you know may be interested in applying for citizenship, ILAP is conducting a one-day open eligibility screening event on Thursday July 21st from 2pm-4pm. If you are unavailable on July 21st,…

The visa bulletin for August 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for August 2016.

On June 30th, a class action lawsuit against the U.S. Department of Homeland Security (DHS) was filed by asylum seekers affected by the injurious timeline restrictions placed by DHS on asylum seekers. The American Immigration Council issued a press release, which explains the suit in more detail.

Voting is one of the rights and privileges all U.S. citizens enjoy. It is vitally important to the democratic process that our voices are heard! Before you can vote, you have to register. Here is some information on how to register in the state of Maine!

On June 23rd, the Supreme Court announced that it could not reach a majority decision in United States v. Texas. The deadlock blocks President Obama’s 2014 immigration relief initiatives: Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and the expansion of Deferred Action for Childhood Arrivals (DACA+). For more details, read the…

As a state whose economy is driven by seasonal business, Maine is highly dependent on the non-immigrant worker programs to supply qualified workers to fill a multitude of seasonal positions. In recent years, government delays in the processing of the paperwork required to obtain visas for these workers, as well as the limits on the…

The visa bulletin for July 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for July 2016.

Celebrate World Refugee Day with free community events on Saturday, June 4th at King Middle School in Portland. For more information – including translations in Arabic, Somali, French, and Spanish – view the attached flier or visit the World Refugee Day Maine Facebook page.   Additional events are also happening throughout the month of June…

The Secretary of Homeland Security has announced that Temporary Protected Status (TPS) for Nicaraguan and Honduran nationals has been extended for 18 months, until January 5, 2018. The 60-day re-registration period ends on July 15, 2016. For more information, contact us or click to visit the USCIS TPS information pages for Nicaragua and Honduras.

The visa bulletin for June 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for June 2016.

The visa bulletin for May 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for May 2016.

USCIS has announced that a sufficient number of H-1B petitions to reach the statutory cap for FY 2017 have been received as of April 7, 2016. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. Once the initial intake process for all…

The local USCIS office will conduct an outreach session at the Portland Public Library on April 22nd. Officers will be available to answer both general and case-specific questions for the public. View the attached release for additional information regarding the event.

The local USCIS office will conduct an outreach session in Lewiston on April 21st. Officers will be available to answer both general and case-specific questions for the public. View the attached release for additional information regarding the event.

Staff from the Immigrant Legal Advocacy Project (ILAP) will be presenting information sessions on taxes and their effect on immigration status and applications. The presentations will be held in Milbridge at Mano en Mano on March 21st at 6pm, in Portland at Avesta Housing on March 23rd at 6pm, and in Lewiston at Trinity Jubilee…

The visa bulletin for April 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for April 2016.

The Immigrant Legal Advocacy Project’s 12th annual CeleSoiree is being held on Friday, March 18th, at the Ocean Gateway in Portland. For more information, visit ILAP’s web site; or go directly to the event registration page to purchase tickets.

The local USCIS office will conduct outreach sessions in Van Buren, Presque Isle, and Calais this May. Officers will be available to answer both general and case-specific questions for the public. Biometric processing appointments, interviews, and oath ceremonies can also be conducted for applicable cases. View the attached release for additional information regarding the event.

The New York Times is reporting that the U.S. Department of Homeland Security has begun creating tools to more extensively and thoroughly examine the social media postings of all applicants for visas to the United States. Read more about the intent of this increased scrutiny, the challenges face by the government with this undertaking, and…

The visa bulletin for March 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for March 2016.

The Secretary of Homeland Security has announced that Temporary Protected Status (TPS) for Sudanese nationals has been extended for 18 months, until November 2, 2017. The 60-day re-registration period began on January 25, 2016 and ends on March 25, 2016. For more information, contact us or click here to visit the USCIS information page.

Staff from the Immigrant Legal Advocacy Project (ILAP) will be presenting a Know Your Rights information session on the recent ICE raids against Central American families. The presentation will be in English and Spanish and will be held at Mano en Mano on January 25th at 7pm. For more information, ILAP has provided the following…

Staff from the Immigrant Legal Advocacy Project (ILAP) will be presenting a Know Your Rights information session on the recent ICE raids against Central American families. The presentation will be in English and Spanish and will be held at Reiche School on January 21st from 7-8pm. For more information, ILAP has provided the following informational…

The visa bulletin for February 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for February 2016.

The local USCIS office will conduct an outreach session at the Portland Public Library Outreach Session on January 12th from 10am to 12:30pm. Officers will be available to answer both general and case-specific questions for the public. View the attached release for additional information regarding the event.

U.S. Immigration and Customs Enforcement has begun a widespread initiative to deport large numbers of  individuals, many from Central America, despite the extremely dangerous conditions and lack of meaningful protection available in many of those countries.  These individuals may or may not have valid options for legalization of their immigration status, as there are numerous…

The Department of Homeland Security has published answers to many of the frequent questions they field about the REAL ID program. REAL ID Public FAQs.

The visa bulletin for January 2016 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for January 2016.

The visa bulletin for December 2015 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for December 2015.

The visa bulletin for November 2015 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for November 2015.

The visa bulletin for October 2015 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for October 2015.

The local USCIS office will conduct an outreach session at the Portland Public Library on September 10th from 10am to 12:30pm. Officers will be available to answer both general and case-specific questions for the public. View the attached release for additional information regarding the event.

The local USCIS office will conduct outreach sessions in Fort Kent, Presque Isle, and Calais this November. Officers will be available to answer both general and case-specific questions for the public. Biometric processing appointments, interviews, and oath ceremonies can also be conducted for applicable cases. View the attached release for additional information regarding the event.

The visa bulletin for September 2015 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for September 2015.

The local USCIS office will conduct an outreach session at the Lewiston Public Library on August 25th from 10am to 12:30pm. Officers will be available to answer both general and case-specific questions for the public. View the attached release for additional information regarding the event.

The visa bulletin for August 2015 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for August 2015.

In order to better serve its Spanish-speaking consituents, USCIS has launched two new Spanish-language informational resources. For more information and links to these resources, visit http://www.uscis.gov/news/alerts/uscis-launches-new-resources-spanish or USCIS’ Spanish-language version of its homepage.

The visa bulletin for July 2015 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for July 2015.

The Supreme Court has ruled that consular visa denials are not reviewable by the U.S. court system, that the U.S. citizen spouse is not deprived of “life, liberty, or property” by a visa denial, and that, as such, the decision is not subject to due process. To read the story of one couple affected by…

The Secretary of Homeland Security has announced that Temporary Protected Status (TPS) for Somali nationals has been extended for 18 months, until March 17, 2017. The 60-day re-registration period began on June 1, 2015 and ends on July 31, 2015. For more information, contact us or click here to visit the USCIS information page.

Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B nonimmigrant: · Is the principal…

Congratulations to Cynthia Arn, who successfully represented a Burundian applicant for asylum before the Immigration Court in Boston. Asylum applicants have typically fled life-threatening circumstances in their home countries, and we are pleased and honored to assist them in remaining safely in the United States.

Attorney Peter Landis and a Rwandan client celebrating a grant of asylum issued by the Immigration Court in Boston.

The Maine Immigrants’ Rights Coalition is holding a protest and rally this Thursday 5/21 in Portland, urging support for a Maine that works for all of us, and opposing state cuts of General Assistance to asylum seekers. Click the following link for details: We Are Maine Rally Flyer.

The visa bulletin for June 2015 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for June 2015.

USCIS has issued a notice that it has launched a tool to help facilitate the process of finding local doctors authorized to perform medical examinations for green card applicants. The Find a Doctor locator lets individuals enter an address or zip code and search for a doctor based on distance.

USCIS has announced that on 4/13/15, it used a computer-generated random selection process, or lottery, to select petitions to meet the FY2016 cap. USCIS will begin premium processing for H-1B cap cases no later than 5/11/15. USCIS received nearly 233,000 H-1B petitions during the filing period.

The visa bulletin for May 2015 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for May 2015.

The local USCIS office will conduct outreach sessions at the Lewiston Public Library on April 24th from 10am to 12pm and at the Portland Public Library on May 7th from 10am to 12:30pm. Officers will be available to answer both general and case-specific questions for the public. View the attached releases for additional information regarding…

U.S. Immigration and Customs Enforcement (ICE) has received information regarding a potential scam, which targets non-citizens. Individuals involved in the scam claim to be affiliated with ICE and request money to rectify issues with the targets’ immigration cases. Please visit the above link for more information or to report suspicious activity.

The Migration Policy Institute has compiled a list of immigration statistics resources for those interested in knowing more about immigration and immigrants to our country. The list is designed to provide answers to some of the most frequently requested immigration-related facts and figures. Click on the following links to jump to the particular section of…

The visa bulletin for March 2015 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for March 2015: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_March2015.pdf.

DHS announced on February 24, 2015 that it would extend employment eligibility to certain H-4 dependent spouses, effective May 26, 2015. For more information about eligibility requirements and guidelines for applicants, please visit USCIS’s web site or contact our office at (207) 775-6371.

USCIS has issued a reminder to submit renewal requests for Deferred Action for Childhood Arrivals (DACA) between 120 and 150 days before the expiration date on the DACA approval notice. USCIS estimates that DACA renewal requests will be processed within 120 days. Please contact our office at (207) 775-6371 if you have questions or would…

In light of the storm expected to hit our state tomorrow, January 27th, the USCIS Portland Office will be closed. Appointments scheduled for this date will be rescheduled automatically. Please contact our office at 207-775-6371 if you have any questions or need assistance.

The February 2015 Visa Bulletin published by the Department of State reflects significant advancement of the EB-3 Employment Based Preference Category, meaning that the wait times and backlogs for professionals and skilled workers seeking to process their adjustment of status and immigrant visa applications are getting much shorter! Contact our office to learn how you…

A Federal Reserve Bank of Boston report detailing the demand for and use of the H-1B program for skilled foreign workers is the basis of a recent Portland Press Herald article on the lack of use of the H-1B program in Maine. Read the article and associated resources here: Maine Lags in Hiring Foreign Tech…

Secretary of Homeland Security Jeh Johnson has announced that Temporary Protected Status (TPS) for Salvadoran nationals has been extended for 18 months. The 60-day re-registration period began on January 7, 2015 and ends on March 9, 2015. For more information, contact us or click here to visit the USCIS information page.

The World Affairs Council of Maine and the Maine Immigrant Rights Coalition present a series on an issue important to the region, in particular to the local economy: immigration. The project, Celebrating Immigration, will encourage a community dialogue through a series of events beginning in January. For more information and to register for individual events,…

The American Immigration Lawyers Association has issued a public service announcement in response to President Obama’s announcement of executive action on immigration. If you believe you qualify for relief, be sure to seek the advice of a qualified legal professional!

In light of the executive action on immigration announced in November by President Obama, the American Immigration Lawyers Association has issued a new Public Service Announcement (PSA) in order to warn consumers about notarios and scammers trying to take advantage of the recently introduced reforms. Click here to view the PSA. This “STOP!” PSA follows…

On November 20 & 21, 2014, President Barack Obama announced that through executive action, new immigration policies would take effect, in order to establish “immigration accountability” and take initial steps toward broader and more comprehensive legislative reforms of our country’s immigration system. The American Immigration Council – through its Immigration Policy Center website – has…

November 21, 2014 – In a spirited speech on the evening of November 20, 2014, President Obama announced sweeping executive action to provide immigration relief and clarify immigration enforcement priorities. The President Obama summarized his plan as follows: “First, we’ll build on our progress at the border with additional resources for our law enforcement personnel…

Thursday, November 20, 2014 – Tonight at 8 pm EST, online at http://www.whitehouse.gov/live, President Barack Obama will reveal details of the immigration reforms he will institute through executive action. The President has said he is moving forward with this executive order based on the inability of our national Congress to enact reform legislation to address…

The National Visa Center (NVC) announced yesterday that, as of November 12, 2014, it will no longer be collecting original civil documents (birth and marriage certificates, police certificates, etc). Applicants and petitioners will be required to submit copies of civil documents to the NVC for review, but will submit originals at the time of their…

The visa bulletin for December 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for December 2014: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_December2014.pdf.

The Portland Field Office of U.S. Citizenship & Immigration Services is holding an outreach session on November 18th at the Portland Public Library (Main Branch). During the session, officers will be answering questions, distributing informational materials, and providing case status updates. For more information, please view the attached flyer.

The visa bulletin for November 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for November 2014: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_october2014.pdf.

In September, U.S. Customs and Border Protection announced the designation of 14 Canadian Ports of Entry for optimized Processing of first-time TN and L-1 Admissions to the U.S. (http://www.cbp.gov/travel/international-visitors/canada-mexico-travel/traveling-tn-or-l-1-visa-canada) Before proceeding on your own, we recommend contacting our office to discuss your plans to seek TN or L-1 admission, and to become aware of the…

From an October 15, 2014 meeting between the American Immigration Lawyers Association (AILA) and the Chief of the Visa Control and Reporting Division, U.S. Department of State (DOS), the following insights were obtained regarding current trends and future projections for various immigrant preference categories.   EB-2 India Retrogression EB-2 India will retrogress to February 15,…

Moninda Marube’s story is one of strength and hope. We are proud to have him as a client. Learn more about his struggle to leave Kenya and how Attorney Marcus Jaynes plans to help him stay in the country: A long, hard road: Marathoner says he was a trafficking victim.

This year’s Diversity Visa Lottery application period starts on 10/1/14 and ends 11/2/14. The visa lottery is intended to introduce diversity into our immigration system by providing nationals of certain lower volume countries with a way to immigrate to the U.S. Numbers are limited so file your application early! We are here to answer any…

The visa bulletin for October 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for October 2014: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_october2014.pdf.

The visa bulletin for September 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for September 2014: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_september2014.pdf.

The visa bulletin for August 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for August 2014: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_august2014.pdf.

http://dyn.politico.com/printstory.cfm?uuid=0A9BAEE5-0769-A126-68E8C3CF7CB1187D

The visa bulletin for July 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for July 2014: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_june2014.pdf.

The visa bulletin for June 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for June 2014: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_june2014.pdf.

On Friday USCIS announced that data entry of all cap-subject H-1B petitions for FY2015 has been completed. USCIS will now begin returning any H-1B petitions that were not selected in the lottery.

Beginning 5/5/14, USCIS will only accept the current version of Form N-400, Application for Naturalization. The current edition is dated 9/13/13. USCIS will reject and return all naturalization applications using previous versions of Form N-400 after 5/4/14.

The visa bulletin for May 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for May 2014: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_may2014.pdf.

USCIS has announced that it received approximately 172,500 H-1B petitions during the FY2015 filing period and completed the computer-generated random selection process on April 10, 2014, to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption.  

The visa bulletin for April 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for April 2014: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_april2014.pdf.

The visa bulletin for March 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for March 2014: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_march2014.pdf.

The visa bulletin for February 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for February 2014: http://travel.state.gov/content/dam/visas/Bulletins/visabulletin_february2014.pdf.

The visa bulletin for January 2014 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for January 2014: http://travel.state.gov/pdf/visabulletin/visabulletin_january2014.pdf.

The visa bulletin for December 2013 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for December 2013: http://travel.state.gov/pdf/visabulletin/visabulletin_december2013.pdf.

The visa bulletin for November 2013 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for November 2013: http://travel.state.gov/pdf/visabulletin/visabulletin_november2013.pdf.

The current government shutdown has had a widespread, and diverse, effect, including a variety of services related to immigration. ABC News has provided an outline of the affected agencies. The Immigration Court in Boston is currently operating under a very limited schedule, which includes only those cases involving detained respondents. This post will be updated…

The visa bulletin for October 2013 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for October 2013: http://travel.state.gov/pdf/visabulletin/visabulletin_october2013.pdf.

The visa bulletin for September 2013 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for September 2013: https://landisarn.com/wp-content/uploads/2013/07/Visa-Bulletin-For-August-2013.pdf.

The U.S. Department of States has published a list of frequently asked questions regarding visas for same-sex spouses, which can be found here.

On July 25, 2013, MPBN’s Jennifer Rooks sat down for a conversation with Shenna Bellows (ACLU Maine‘s Executive Director), Sue Roche (Interim Executive Director of the Immigrant Legal Advocacy Project), and Alain Nahimana (Immigrant Rights and Racial Justice Organizer for the Maine People’s Alliance) to talk about legal issues that noncitizens face and the current…

USCIS has updated its frequently asked questions post for petitions filed by same-sex couples. The update, published on July 26th, can be found here.  

The local USCIS office will conduct an outreach session at the Lewiston Public Library Main Branch on August 6th from 10am to 2pm. Officers will be available to answer both general and case-specific questions for the public. The attached release contains additional information regarding the event.

The Board of Immigration Appeals ruled on July 17, that in determining whether a same-sex marriage will be recognized for immigration purposes, USCIS should look to the law of the state where the marriage takes place, rather than the law in the state of residence. If the marriage is recognized in the state where it…

The visa bulletin for August 2013 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for August 2013: https://landisarn.com/wp-content/uploads/2013/07/Visa-Bulletin-For-August-2013.pdf.  

The local USCIS office will conduct an outreach session at the Portland Public Library Main Branch on July 17th from 10am to 1pm. Officers will be available to answer both general and case-specific questions for the public. The attached release contains additional information regarding the event.

We are thrilled to announce that U.S. Citizenship and Immigration Services has issued the first approval of permanent resident status based on the marriage-based petition and application of a same-sex couple, as discussed in the New York Times.  Here at Landis Arn & Jaynes, P.A., we are ready, willing, and able to assist same sex…

U.S. Secretary of Homeland Security Janet Napolitano has issued a statement regarding the U.S. Department of Homeland Security’s review of visa petitions filed on behalf of same-sex spouses and fiances.  The statement and FAQs can be viewed at the USDHS web site: http://www.dhs.gov/topic/implementation-supreme-court-ruling-defense-marriage-act.

Today, in a historic vote, the Senate, successfully passed (on a 68-32 vote) S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. Comprehensive immigration reform now moves on to the House of Representatives where its fate is uncertain.  For more information go to http://www.nytimes.com/2013/06/28/us/politics/immigration-bill-clears-final-hurdle-to-senate-approval.html?hp&_r=0.

Janet Napolitano, Secretary of Homeland Security, issued the following statement after the U.S. Supreme Court issued its decision in U.S. v Windsor. “I applaud today’s Supreme Court decision in United States v. Windsor holding that the Defense of Marriage Act (DOMA) is unconstitutional. This discriminatory law denied thousands of legally married same-sex couples many important…

The U.S. Supreme Court’s much anticipated decision on the constitutionality of the Defense of Marriage Act (DOMA) has been issued.  The Supreme Court has overturned section 3 of the Defense of Marriage Act (DOMA), declaring the law unconstitutional.  Section 3 of DOMA said that, for federal purposes, the law will only recognize marriages between one male and…

U.S. Citizenship and Immigration Services launched its Spanish-language GovDelivery information service on June 18, 2013. To sign up for and receive information and updates in Spanish, visit https://public.govdelivery.com/accounts/USDHSCISESP/subscribers/new.

A congressional budget analysis that was released on Tuesday concludes that the comprehensive immigration reform legislation (S.744) currently being considered by the Senate to overhaul the nation’s immigration laws would cut hundreds of billions from the federal deficit over the next two decades. The report estimates that in the first decade after enactment, the immigration…

Important information regarding addressing issues created by the new paperless I-94 system in connection with the I-9 verification process.

Beginning May 2013, U.S. Customs and Border Protection (CBP) started automating the Form I-94, Arrival/Departure Record.  CBP is substituting paper Forms I-94 with a passport stamp and an electronic record for most nonimmigrants arriving at air and sea ports.    Nonimmigrants arriving via a land border will continue to receive a paper Form I-94 from…

The visa bulletin for July 2013 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for July 2013: http://travel.state.gov/pdf/visabulletin/visabulletin_july2013.pdf.

The Immigration Policy Center has released a fact sheet, which addresses the potential economic costs and benefits of proposed immigration reform legislation: http://www.immigrationpolicy.org/just-facts/adding-it-accurately-gauging-economic-impact-immigration-reform.

The visa bulletin for June 2013 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for June 2013: http://travel.state.gov/pdf/visabulletin/visabulletin_june2013.pdf

USCIS has revised Form I-9, Employment Eligibility Verification. The revised form must be used in all new hires and reverifications beginning May 7, 2013. For more information, please visit the USCIS web site.

On Monday, May 6, 2013, U.S. Citizenship and Immigration Services (USCIS) will implement Customer Identity Verification (CIV) in its field offices. Individuals will now be required to submit biometric data, specifically fingerprints and photographs, when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. CIV will help to both defend…

The visa bulletin for May 2013 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for May 2013 here.

USCIS has started the data entry process for H-1B petitions selected in the lottery. Premium processing cases are being handled first and data entry for those cases should be completed by April 15. USCIS announced on March 15, 2013, that the 15-day premium processing clock will start on April 15. (AILA Doc. No. 13031549) At the…

USCIS has published a new version of the Form I-9 with a revision date of 03/08/2013. Employers may no longer use prior versions of the Form I-9 beginning May 7, 2013.  To view or download the new I-9 form, visit the USCIS website at http://www.uscis.gov/files/form/i-9.pdf.

For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree…

AILA has received reports of a new scam potentially victimizing aliens. According to one report, the individual will receive a call purporting to be from a USCIS officer, who will have certain correct information on the individual, including the individual’s name and address. The caller will state that there is some discrepancy in USCIS records,…

On March 21, 2013, U.S. Customs and Border Protection (CBP) announced that it has submitted to the Federal Register a rule that will automate Form I-94 Arrival/Departure Record to streamline the admissions process for individuals lawfully visiting the United States. Form I-94 provides international visitors evidence they have been lawfully admitted to the U.S., which…

The visa bulletin for April 2013 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for April 2013 here.

USCIS revisions and improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. After May 7, 2013, employers must only use this new Form I-9 (Rev. 03/08/13)N. The new I-9 form can be found online at  http://www.uscis.gov/files/form/i-9.pdf.

While the exact impact of the automatic spending cutback (“sequestration”) on visa processing at U.S. consular posts is unknown, it can be fairly said that sequestration will result in diminished consular services, including visa adjudications. The Department of State has already warned that the number of officers processing visa applications will be reduced. When asked…

The visa bulletin for March 2013 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for March 2013 here.

The USCIS Immigrant Fee is now in effect. Any individual that, on or after February 1, 2013, receives an immigrant visa package from a United States consulate or embassy abroad (including Canada and Mexico) must pay a new USCIS Immigrant Fee of $165.00. This fee is intended to recover the costs incurred by U.S. Citizenship…

Earlier this year, President Obama addressed the topic of “our broken immigration system” and his plans for reforming the system so it works better for all. Read the White House Fact Sheet on the President’s plan for immigration reform, here.

The process by which certain family members will apply for waivers of their inadmissibility while still present in the United States, thus reducing the amount of time that they are required to be separated from their families, is soon to be implemented. The National Immigration Law Center has published a pair of informational documents (in…

The visa bulletin for February 2013 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for February 2013 here.

Secretary of Homeland Security Janet Napolitano has announced the publication of the final rule in the Federal Register, which reduces the amount of time certain family members will be separated during the permanent resident process. View the press release here. Contact us for more information or if you believe that you or a family member…

It has been reported that USCIS may be finalizing a rule that will allow work authorization for H-4 spouses if they have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or “stay” in the U.S. under section 104(c) or 106(a) of Public Law…

The visa bulletin for December 2012 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for December 2012 here.

On November 6, marriage equality became reality in Maine. Same sex couples can now legally marry in Maine. At the same time, there are several challenges to the Defense of Marriage Act (“DOMA”) pending this term before the U.S. Supreme Court. DOMA prohibits U.S. Citizenship and Immigration Services (“USCIS”) from recognizing same sex marriage for…

The visa bulletin for November 2012 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for November 2012 here.

On September 28, 2012 President Obama signed SB 3245 into law, extending the expiration dates of four immigration programs administered by the Department of Homeland Security to September 30, 2015: the EB-5 Regional Center Program; the E-Verify Program; the Special Immigrant Non-Minister Religious Worker Program; and the Conrad State 30 J-1 Visa Waiver Program. The…

An article published by Healthcare Finance News this month discusses what Attorney Peter Landis has dubbed the “perfect storm” situation that the U.S. healthcare system is facing and how this scenario can be alleviated with the hiring of foreign physicians.

The visa bulletin for October 2012 has been published by the Department of State. The bulletin summarizes the availability of immigrant visa numbers in employment-based and family-sponsored visa categories, as well as diversity immigrant visa categories. Visit the visa bulletin for October 2012 here.

Peter Landis presented on the topic of J-1 physicians at the 2012 New England Clinical Symposium and Workforce Summit held in Portland August 22-23 and hosted by the Maine Primary Care Association. The event was attended by clinicians and administrators of New England’s critical access hospitals, community health centers, rural clinics, and tribal health centers.

Customs and Border Protection (CBP) is in the process of automating traveler arrival records to streamline passenger processing. The current processing time for entering foreign visitors’ travel information into the I-94 database is 30 days or more. E-Verify uses this information to confirm work authorization As a result, you may notice an increase in E-Verify…

As of October 1, 2012, the Portland, Maine USCIS office will require that all customers make an appointment via the InfoPass system in order to be seen. This is a change from their current practice of accommodating walk-in customers. Customers can access the InfoPass system by going to the USCIS home page (www.uscis.gov), where to…

Deferred Action for Childhood Arrivals (DACA) registration begins tomorrow! We can help determine whether you should register and, if so, how to do so. Read our announcement for more information. Contact us for assistance!

The Supreme Court issued its decision in Arizona v. United States today, which dealt with the federal government’s challenge to Arizona’s controversial immigration law, S.B. 1070, which gave local law enforcement enhanced rights to police the immigration status of individuals and essentially forced immigrants to carry papers with them showing that they are legally in…

Visa Office Update on Priority Dates and Demands

Finally some relief is available for certain young, undocumented people in the U.S.

The American Immigration Lawyers Association (AILA) has published a consumer advisory, in English and Spanish, warning potential applicants for deferred action about scams.  

The American Immigration Lawyers Association (AILA) has released a Fact Sheet on Deferred Action for Undocumented Youth, titled “Relief for DREAMers…,” which includes helpful points and informational links.

Secretary of Homeland Security Janet Napolitano has issued a memorandum outlining the exercise of prosecutorial discretion in certain cases involving children and young adults.

On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013. On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject petitions subject to the cap for H-1B specialty…

The U.S. Department of State has released the visa bulletin for July 2012: http://www.travel.state.gov/visa/bulletin/bulletin_5733.html. Most categories have progressed normally; the most notable exception is within the employment-based second-preference category for “members of the professions holding advanced degrees or persons of exceptional ability,” which has retrogressed to January 1, 2009.

Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from USCIS. Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it…

USCIS has released an updated H-1B cap count, current as of May 18, 2012.

Secretary Janet Napolitano has announced that Temporary Protected Status (TPS) for Somali nationals has been extended for 18 months. The 60-day re-registration period begins today. For more information, contact us or click here to visit the USCIS information page.

On March 30, 2012 Peter was in Washington D.C. as a member of the International Medical Graduates Taskforce to meet with the offices of Maine’s congressional delegation about the Conrad State 30 Improvement Act (S.1979). Since 1994, the Conrad State 30 Waiver program has been used by medical facilities throughout the U.S. to employ nearly…

The Immigration Policy Center has published a Q&A outlining some of the economic and fiscal lessons from states that have passed harsh immigration-control legislation in anticipation of oral arguments in Arizona v. United States being presented before the Supreme Court beginning on April 25, 2012.

The Board of Immigration Appeals, in a recent precedent decision, finds that leaving the U.S. on an advance parole document does not constitute a “departure” triggering the 3- and 10-year bars to admission under § 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act.  Matter of Arrabelly and Yerrabally, 25 I&N Dec. 771 (BIA 2012)

Charlie Oppenheim, Chief of Visa Control at the State Department, has confirmed that, effective March 23, 2012, no further EB-2 visas will be authorized for China-mainland born and India applicants with priority dates of August 15, 2007, or later. Visa applicants processing in April at consulates abroad will still receive visas, as those numbers were…

Last week, the U.S. Supreme Court issued a decision in Vartelas v. Holder, holding that Lawful Permanent Residents (“green card” holders) with criminal convictions older than April 1, 1997 cannot be denied re-entry to the United States after travel abroad, based on their old criminal conviction, if their absence abroad was “brief, casual and innocent.”…

USCIS informed participants at the CSC/VSC stakeholder engagement in Laguna Niguel, CA, on April 5, 2012, that 22,323 cap-subject H-1B petitions have been received as of April 4, 2012. Approximately 25% of these cases are for U.S. advanced degrees. According to USCIS, the number of filings received in the first few days of the H-1B…

Secretary of Homeland Security Janet Napolitano announced on March 23 that she will be designating Syria for Temporary Protected Status (TPS) for a period of 18 months. Information on who is eligible, how to register, and when the registration period opens will be forthcoming shortly. In the meantime, please feel free to give us a…

The U.S. Embassy in New Delhi, India has announced its participation in a pilot program in which qualified non-immigrant visa applicants may be eligible to renew their visas without interview. For more information, see the Embassy’s web site.

On March 16, 2012, at the AILA Midwest Regional Conference in Chicago, Charlie Oppenheim, Chief, Visa Control and Reporting at DOS, informed participants that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates to around August 2007, effective with either the May or June 2012 Visa Bulletin. He also advised that…

The Conrad 30 State Waiver program, which has been an incredibly important mechanism to employ international medical graduates undertaking post-graduate medical training in the U.S. to work in medically underserved areas of the U.S. after the completion of their training, is due to sunset on September 30, 2012. Senator Kent Conrad (D-ND) has introduced legislation,…

The U.S. Citizenship and Immigration Services’ Portland Field Office would like to remind its constituents of its hours of operation. As always, we encourage any visitor to the Office to make an appointment using USCIS’ InfoPass system.

U.S. Customs and Border Protection has published the following helpful reminders for those with plans to travel outside the country’s borders. Read their “Know Before You Go” tips for U.S. citizens, residents, visitors, and more.

The Immigration Policy Center released its updated state fact sheets, which contain current government and academic data highlighting the growing economic and political power of immigrants, Latinos, and Asians. View statistics by hovering over the states on the U.S. map or download a state’s infographic by clicking on a particular state.

The Center for American Progress‘ 2011 immigration report includes a comparative study of the response of Lewiston, Maine and Fremont, Nebraska to the influx of immigrants to each community. See page 6 of the report for the details.

CNN reports: “Nearly 400,000 people were deported from the United States in the past fiscal year, the largest number in the history of the U.S. Immigration and Customs Enforcement agency, the government announced Tuesday.”

Peter Landis was recently quoted in an article published in Mainebiz on the importance of global recruits to Maine’s research community. Read the full article here.  

USCIS has announced that the annual cap for H-1B petitions for fiscal year 2012 has been reached. For more information, visit the USCIS H-1B Cap Reached for FY 2012.  

An interesting article published by The Press-Enterprise (California), detailing the involvement of all three branches of the U.S. government in the current immigration debate.

The limits imposed by the U.S. government on the number of foreign nationals graduating from U.S. colleges and universities who can obtain work visas has become, over the past several years, a topic of interest in the science and technology sectors. The Voice of America recently published an article about what some call “the reverse…

The U.S. Department of Labor ( DOL) has further revised the changes it has recently implemented regarding recruitment required for filing a labor certification application for university and college teaching positions. DOL has now removed the requirement that an electronic notice must be accessible to the public without payment or subscription and/or membership. Therefore, to…

For the second year in a row, Landis Arn & Jaynes P.A. has received a National First Tier Ranking in the immigration practice area in U.S. News-BestLawyers’ “Best Law Firms” Guide. Attorneys Peter Landis and Cynthia Arn are also listed as Best Lawyers in the immigration field. Attorney Peter Landis has additionally been named “Portland,…

The USCIS Office of Statistics has published a series of maps that provides a visual synopsis of the total number of persons obtaining legal permanent resident status each year by US state and region of residence during the fiscal years 1892 to 2010: http://www.dhs.gov/xlibrary/assets/statistics/maps/lpr/lpr-historical-resident-trends-by-state-1892-2010.pdf.

The US Department of Labor has acknowledged that print ads are not required in connection with the filing of labor certification application under the special recruitment procedures for college or university teaching positions. For more information, please read the attached announcement.

USCIS has recently published a consumer alert regarding misleading form-preparation services offered by online businesses. Read the alert at the USCIS web site, here.

USCIS is engaged in an enterprise-wide effort to improve customer service, increase efficiency for processing benefits, better identify risks and fraud, and create enhanced individual access and audit controls. USCIS’s new operating environment will employ online accounts such as those successfully used by many private sector organizations. Applicants, petitioners, and their attorneys and accredited representatives…

On August 19, 2011, the Immigration Policy Center (IPC) of the American Immigration Council released a statement in response to the U.S. Immigration and Customs Enforcement prosecutorial discretion memorandum and Secretary of Homeland Security Janet Napolitano’s announcement that the Obama administration would be reviewing 300,000 cases currently in removal proceedings. The goal of this review…

In response to the U.S. Immigration and Customs Enforcement (ICE) Memorandum issued on July 17, 2011, the American Immigration Lawyers Association (AILA) has published an advisory cautioning foreign nationals that ICE’s announcement does NOT constitute a legalization program or amnesty. Before making contact with any immigration representative, foreign nationals should consult with qualified immigration attorneys. You…

On June 17, 2011, U.S. Immigration and Customs Enforcement (ICE) Director John Morton published a memorandum outlining the agency’s policies on the apprehension, detention, and removal of foreign nationals in violation of U.S. immigration laws. The memorandum provides guidance toward maintaining the agency’s priorities, “namely the promotion of national security, border security, public safety, and…

Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services (USCIS), blogged about his recent discussions with Secretary of Homeland Security Janet Napolitano regarding new measures undertaken by USCIS designed to spark economic growth and to ensure the U.S.’s long-term economic viability in the international market. You can read Director Mayorkas’ post at USCIS’ official blog…

In cases involving special recruitment for university teachers, 20 CFR §656.18(b), the U.S. Department of Labor’s Board of Alien Labor Certification Appeals rejected the DOL FAQ that requires print journal ads and found that an ad in a journal that only offered electronic publication was acceptable. More information about the decision can be found on…

The USCIS Portland Field Office has announced that, beginning on August 1st, its information counter will be closed for walk-ins (except in emergency situations). If you need service on a case or plan to visit the Portland Field Office, you are asked to schedule a FREE APPOINTMENT using the online InfoPass system. You can schedule…

The BIA has concluded that the derivative child of a fiancée visa holder is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the U.S. on a K-2 visa.  Matter of Le, 25 I&N Dec. 541 (BIA 2011). Attorney Cynthia Arn had successfully argued this exact issue in…

USCIS reports that as of June 24, 2011, approximately 17,400 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 11,300 H-1B petitions for aliens with advanced degrees. For more information, visit the USCIS H-1B Cap Count for FY 2012.  

The 2011 Budget recently passed by Maine’s Legislature and signed into law by Governor Paul LePage includes a provision to disqualify recent non-citizen immigrants residing in Maine from applying for certain means-tested state benefits.  The provision will disqualify all applicants for asylum, lawful permanent residents living in Maine who have held permanent resident status in…

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The H-1B temporary worker category allows U.S. employers to bring foreign workers with specialized knowledge to the U.S to work on a temporary basis. It can be an effective mechanism for U.S. businesses to address a shortage of professional workers, to secure cutting edge skills and needed expertise, or to simply hire the best and…