BIA holds Georgia Theft Statute is Not Aggravated or Divisible

Thanks to the Immigrant and Refugee Law Center for sharing the Board of Immigration’s recent unpublished ruling in Charles Borromeo Ajaelu, A058 739 058 (BIA Sept. 3, 2015).  That ruling found that Georgia’s generic theft statute did not qualify as a theft offense for purposes of the INA because the Georgia

Business Visits to the US

15 Apr No Comments B1, Canadian Visitors, Visa Waiver

I am frequently asked what the permissible and non-permissible reasons for a B1 visa (or “B1 status”) for Canadians.  It is important to stress that anytime someone presents themselves for admission to the United States, they bear the burden of proof.  If a border agent or a consular officer does

AILA Calls for More H1B Cap Slots

11 Apr No Comments AILA, H1B

The American Immigration Lawyer’s Association (“AILA”) just issued a public call for US-CIS to increase the visa cap for H1B workers.  This year was 85,000.  This was not enough.  Of the 85,000, 20,000 were reserved under the advanced degree exemption which earmarks those positions for persons with graduate degrees from

Visa Wars: The EU v. Canada & the US

10 Apr No Comments B2, EU

According to CNN and Globe & Mail, the EU is considering suspending its visa waiver program for US and Canadian citizens because citizens of some EU countries require a visa.  This includes, Poland, Croatia, Cyprus, Bulgaria, and Romania for the US.  Romanians and Bulgarians still require them for Canada.  “The

The Need for a Good Business Plan in Immigration and Business

7 Apr No Comments L1, L1A, US Visa

For any new US startup, it is imperative that the company have a good business plan even if the company has been in business abroad before this time.  An EB-5 visa was denied in In the Matter of Ho, 22 I&N Dec 206 213 (Assoc. Comm. Examinations 1998) because of a poorly crafted business plan.