On May 7, 2020, four U.S. senators wrote a letter to President Trump, requesting that he suspend “all new guest worker visas” for 60 days, and others for a
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Kristin Bolayir ˘
Kristin Bolayir's legal career spans twenty-seven years including more than twenty-four years of experience in immigration. Kristin specializes in business immigration law, especially complex and writing-intensive nonimmigrant and immigrant cases. Her experience in immigration involves nonimmigrant and immigrant solutions for the business, research, information technology, education and entertainment communities. Kristin leads a team of immigration professionals, supervises and mentors paralegals involved in a variety of business immigration matters, assigns cases and monitors paralegal workload and production, and provides training for new paralegals. She effectively manages client relationships, provides case management for clients, and oversees large volume caseloads of both non-immigrant and immigrant petitions. Kristin also regularly writes articles reflecting changes and developments in immigration law and procedure for both the group's blog, Inside Business Immigration: Legal Analysis for the Global Employer.
˘ Not admitted to the practice of law.
I-539 Applications are Treated as Stand-Alone Applications and are No Longer Eligible for ‘Courtesy’ Premium Processing with I-129
There is no premium processing available for any nonimmigrant status requested using a stand-alone Form I-539. Until recently, however, the USCIS would traditionally grant courtesy premium processing for I-539 applications…
Continue Reading I-539 Applications are Treated as Stand-Alone Applications and are No Longer Eligible for ‘Courtesy’ Premium Processing with I-129
September 2018 Visa Bulletin Updates
The Department of State (DOS) recently released the September 2018 Visa Bulletin. The charts below show movement in employment-based categories. Referring to the Final Action Dates, following are updates from…
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FY2019 H-1B Cap Met
USCIS announced today, April 6, 2018, that the FY 2019 H-1B cap is now closed because it has received a sufficient number of H‐1B petitions to reach the 65,000…
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July 2017 Visa Bulletin Update
The Department of State (DOS) released the July 2017 Visa Bulletin. The final action dates for Chinese and Indian nationals in the employment-based, first preference (EB-1) category remain unchanged with…
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Ninth Circuit Largely Upholds Injunction on President Trump’s Revised Travel Ban
On Monday, June 12, a second Federal Appeals Court, the U.S. Court of Appeals for the Ninth Circuit, in a per curiam decision, affirmed a nationwide preliminary injunction of…
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EEOC Unveils New Strategic Plan
The Equal Employment Opportunity Commission (EEOC) unveiled its Strategic Enforcement Plan (SEP) for fiscal years 2017-2021. The new plan approved on Monday, Oct. 17, looks much like its predecessor, seeks…
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OSC Issues Updated Guidance on Internal I-9 Audits and Determining Validity of Documentation Provided
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued an updated Technical Assistance Letter (TAL) on Jan. 7, 2016, relating to an employer’s internal Form I-9 audit…
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USCIS issued Draft RFE Template for L-1B Petitions
In recent years, the USCIS has issued an increasing number of denials and Requests for Evidence (RFE) for L-1B specialized knowledge employees. As defined by regulations, specialized knowledge is special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures. The RFEs were extensive and appeared to be “boiler-plate,” sometimes with no indication in the request issued that the examiner had reviewed the evidence that was submitted with the initial filing. The trend added burden to employers with the extra time and cost associated with responding to the extensive RFEs, which could result in unforeseen delays severely affecting projects and impeding on U.S. employer’s ability to conduct business or fulfill projects, contracts, and deadlines.
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USCIS Reaches FY 2015 H‐1B Cap
Today, the USCIS announced that the FY 2015 H-1B cap is now closed because it has received a sufficient number of H‐1B petitions to reach the 65,000 statutory cap as…