Blog

2016 Provisional Unlawful Presence Waiver Rule

Aug 11, 2016

by Damini Patel, Esq., Associate Attorney at the Nair Law Group On July 29, 2016, the Department of Homeland Security published a final rule that expanded the availability of the provisional unlawful presence waiver.  This waiver is available to individuals who would be eligible for a waiver under INA §212(a)(9)(B)(v).  Under INA §212(a)(9)(B)(v), an individual who has accrued over 180 days of unlawful presence in the US is subject to a 3-year bar to readmission that is… Read More


What is a 212 (d) (3) Waiver?

Aug 11, 2016

by Arti Desai, Esq., Senior Associate Attorney with the Nair Law Group What happens during the non-immigrant visa stamping process abroad? The process has been streamlined where the visa applicant files an online visa application and requests an interview at the local US consulate. On the day of the interview, the applicant is given a few minutes to present his/her case before the consular officer and the application is either approved, denied or issued a refusal letter with a request for…


Double Edged-Sword: The Limiting Power of the “Last Action Rule” in the H-4 Context

Jul 29, 2016

Double Edged-Sword: The Limiting Power of the “Last Action Rule” in the H-4 Context by Michael (Chaim) Bergman, Esq., Associate Attorney with The Nair Law Group Under the “Last Action Rule” the most recent or last government action affecting someone’s status controls. A common example of this in action is where an employee’s subsequent H-1B Extension Approval extends her H-1B validity and overrides her prior I-94. An individual’s I-94 is… Read More


H.R. 5203 and a Shifting Burden of Proof

Jul 29, 2016

H.R. 5203 and a Shifting Burden of Proof by Peter Alphonso, Associate Attorney with The Nair Law Group This last May, the House Judiciary Committee passed bill H.R. 5203, the Visa Integrity and Security Act of 2016 (VISA Act), which aims to enhance the security procedures for the adjudication of immigrant and nonimmigrant visas at Embassies and Consulates abroad. While Congress has not yet passed it into law, some of the highlights of this piece of legislation…


The New 24-Month STEM OPT Extension: How to qualify and who will be affected?

Jul 29, 2016

The New 24-Month STEM OPT Extension: How to qualify and who will be affected? by Damini M. Patel, Esq., Associate Attorney with The Nair Law Group Part III Employer Responsibilities Although the new STEM OPT extension may seem like good news for students, it may also seem like a sugarcoated pill for employers. Employers employing students under the new rule will now be subject to the following responsibilities: Be enrolled in E-Verify and remain in good standing. Report… Read More