Berd and Klauss, PLLC

  On June 17, 2024, the DHS announced a new initiative toward keeping families together in alignment with the Biden-Harris Administration's goals. This new process offers a potential pathway to citizenship for spouses of US citizens who have been living in the country for a decade but are facing separation due to existing immigration procedures. While it doesn't solve the broader immigration challenges, it provides much-needed relief and stability for thousands of families facing uncertainty. It’s best to consult with a family immigration lawyer in New York to understand this initiative and how it might apply to your case, but we have provided the basics you need to know in this blog. How can DHS’ initiative affect your case? The current law allows spouses of U.S. citizens to apply for a green card through marriage. Unfortunately, this process often forces them to leave the United States and wait abroad while their application is being processed. This can lead to a long a

For US-based employers hiring foreign workers, it is important to understand the requirements and procedures of Form I-129 for H-1B and any related updates. This form allows petitioners to file on behalf of nonimmigrant workers seeking temporary employment or training in the US under H-1B nonimmigrant classification. It also facilitates requests for status changes to E-1, E-3, E-2, TN, or H-1B1, as well as extensions of stay. It's also important to stay informed about changes in immigration laws and procedures that may affect your workforce. Among the recent updates is the final rule issued by the US Citizenship and Immigration Services (USCIS), slated to take effect on April 1, 2024. Several changes will impact Form I-129 petitions for H-1B nonimmigrant workers. Below, we highlight these updates that may affect your business. Should you have further inquiries, do not hesitate to consult our immigration lawyer in Queens NY. New fees Starting April 1, 2024, a new fee rule from

On January 30, 2024, the US Citizenship and Immigration Services (USCIS) announced substantial increases in fees for various immigration applications and benefit requests. This marks the first major revision since 2016, prompted by the need to address the agency's financial and operational challenges. The new fees aim to facilitate more efficient processing of applications. Starting April 1, 2024, the updated fee schedule will take effect. To avoid the increased charges, applicants should ensure the USCIS receives their applications before this date. The need to refresh the USCIS fee structure had been imminent, given the agency’s financial and operational challenges. With the new fees, the agency can address its pain points and ensure timely processing for new applications. Things you need to know about the new fee structure Below are some of the significant fee changes for certain forms and applications: ·        Petition for Alien Relative : Fees will increase by 26% t

The US Citizenship and Immigration Services (USCIS) recently unveiled a new proposal that could dramatically alter the current fee structure for various immigration-related forms and services. New York citizenship lawyers are closely examining how these changes may impact applicants. Why does the USCIS want to increase fees? The proposed rule, known as the “ US Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements ,” will lead to an increase in most immigration filing fees. Though the proposal includes some minor fee reductions, the new fee structure will substantially increase the costs for certain applications. According to USCIS, the increase is intended to help the agency recover operating costs and handle the rising expenses of the incoming asylum population. Those looking to understand these changes in detail can consult a New York citizenship lawyer for guidance. Notable changes beyond fees Aside from hi

  The L1 Visa facilitates the entry of overseas businesses into the US market with minimal investment. Consult with a NY visa lawyer if you need legal advice on navigating the application process, ensuring compliance with visa requirements, or understanding how to maintain the validity of the visa once it has been issued. What is the L1 visa? This non-immigrant visa allows companies to transfer their employees under two different schemes: ·          L1A visa - This permits executives and managers to stay in the US for up to seven years. L1A executives and managers must meet strict requirements and have supervisory responsibility for professional staff and/or a key function of the department or subdivision of the employer. They can be issued an L1A visa for a three-year period, extendable in two-year increments up to a maximum of seven years. ·          L1B visa -This allows specialized knowledge employees to enter the US for a maximum of fiveyears. The L1B category includ

Are you waiting for your immigrant visa? Unfortunately, many people are facing prolonged wait times due to a significant backlog at the National Visa Center (NVC). As of the beginning of 2023, there are 422,954 immigrant visa applicants queued for an interview. Despite their cases being ready for a decision, the processing system hasn't seen significant improvements this year.   Here's a brief explanation of the backlog:   The NVC is in charge of preparing immigrant visa cases for review by the US embassy or consulate. It manages the processing and sets up everything required for the interview. But when the volume of incoming cases surpasses the number that can be processed, a backlog occurs. The present NVC backlog is a result of an overwhelming influx of new cases that haven't been matched with an adequate processing capacity.   Whenever the USCIS (US Citizenship and Immigration Services) approves a case, such as Form I-130, it adds to the backlog. Conversely,