Immigration Law
Law Library
Immigration Law Articles
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Tax Treaty Benefits for Foreign Students and Scholars
I. J-1 and F-1 Students A. In the US in any F, J, M, or Q status 5 calendar years or less 1. Nonresident Alien for federal tax purposes 2. File tax return Form 1040NR or 1040NR-EZ by April 15; by June 15 if no income subject to wage withholding a ...
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Employment-Based Immigration
allows certain immigrants to obtain permanent residence ("green cards") in the United States to work. Currently, immigration law allots 140,000 employment-based visas to immigrants. These employment-based visas are divided into the following ...
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Interim Guidelines on the Implementation of Section 411 of the IIRAIRA: The Virtue Memorandum
This article analyzes the March 6, 1997, memorandum drafted by the Immigration and Naturalization Service's ("Service's") Office of Programs to discuss Section 411 of the Illegal Immigration Reform and Control Act of 1996 ("IIRAIRA"), Pub. L. No ...
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Tips for United States Visas: Family Based Immigrants
FAMILY-BASED IMMIGRANTS The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a U.S. citizen or legal permanent resident. Family-based immigration falls under two basic categories ...
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United States and Japan Remain in State of Disagreement Over Insurance Sector
USTR Barshefsky released a statement on July 1 reiterating the U.S. position that Japan has not fully implemented the 1996 Supplemental Measures on insurance and, thus, the United States does not consider the third sector "clock" to have started ...
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INS Changes its Policy on Visa Voidance Under INA 222(g) for Aliens Who Have Filed Timely Extension or Change of Status Applications
In a very welcome development, the INS has announced in a recent field memorandum that it has revised its policy with respect to the automatic voidance of nonimmigrant visas under section 222(g). This change in policy affects persons issued B, H, L ...
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General Naturalization Requirements
Applicants must be at least 18 years old. Refer to the section, Naturalized Citizen's Children under Waivers, Exceptions, and Special Cases for information on applicants who are less than 18 years old. An applicant must have been lawfully ...
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Outstanding Professors and Researchers
Some employers can bypass the labor certification process and file an I-140 petition directly with the INS under a highly favorable category for outstanding professors and researchers (first preference, priority worker). A petition for an ...
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Liability in More Ways Than One: Employing Undocumented Workers
The restaurant industry’s recent push to liberalize immigration laws has been a hot topic in light of the after-effects of September 11 and the resulting clampdown on immigration in the United States. Although immigration status of a worker may make ...
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INS Eliminates the Need for Certain H-1 and L-1 Adjustment Applicants (and Derivative Family Members) to Obtain Advance Parole Before Traveling Outside the United States
The INS has issued an Interim Rule (64 Fed Reg. 29208) that allows H-1 and L-1 adjustment applicants (green card applicants) and their family members (H-4) and (L-2), who are to travel outside the United States obtaining "advance parole" (form ...