Law Office of Tanya M. Powers, PLLC

Law Office of Tanya M. Powers, PLLC

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Posted 100 weeks ago
Posted 108 weeks ago
Posted 109 weeks ago
Posted 109 weeks ago

H-1B Season - Update

USCIS received about 233,000 H-1B petitions during the filing period for the 85,000 visas available. On April 13, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees.

The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 limit.

USCIS will begin premium processing for H-1B cap cases no later than May 11, 2015.

Posted 114 weeks ago

Good News for Some RNs on OPT

As many RNs are aware, most registered nurse positions do not qualify as a specialty occupation (necessary for H-1B visa classification) because a bachelor’s or higher degree in nursing is not typically the minimum educational requirement for entry into the position. This, however, is not always the case. In a policy memorandum issued by USCIS on February 18, 2015, the agency has recognized that certain RN positions will qualify as a specialty occupation.

Advanced practice registered nurse (APRN) defines a level of nursing practice that utilizes extended and expanded skills, experience and knowledge in assessment, planning, implementation, diagnosis and evaluation of the care required. Positions that require nurses who are certified APRNs will generally be specialty occupations due to the advanced level of education and training required for certification.

While each state Board of Nursing decides on the title it will use for APRNs, the policy guidance lists the following as a few examples: Certified Nurse-Midwife (CNM); Certified Clinical Nurse Specialist (CNS); Certified Nurse Practitioner (CNP); and Certified Registered Nurse Anesthetist (CRNA). This list is not exhaustive. The licensing requirements of the state determine whether a bachelor’s degree or higher is required for licensure.

Employers who are considering filing an H-1B petition should keep in mind that USCIS will begin accepting applications on April 1st. Like past years, it is anticipated that more applications will be received during the first week than visas are available.
Posted 120 weeks ago
Posted 121 weeks ago

DACA/DAPA Injunction

Late Monday night, February 16, Judge Andrew Hanen issued a temporary injunction against the implementation of the Obama Administration’s executive actions on prosecutorial discretion in immigration, known as DAPA and expanded DACA. Immigration attorneys fully expect the federal government to immediately appeal this ruling and to request a stay of the injunction throughout the appeal process so that the initiatives aren’t stalled.  Additionally, attorneys are confident the federal government will ultimately prevail and that DAPA and expanded DACA will be fully implemented.

In the meantime, it is recommended that individuals who are potentially eligible for expanded DACA or DAPA begin preparing to apply: they should begin gathering the necessary documentation and seek good counsel to give themselves the best chance for success and to avoid potential problems. Importantly, they must be wary of ‘notarios’ who offer legal advice without a license that is unethical and fraudulent.

Also important to note is that those who were granted DACA already are in no way affected by this ruling so they should apply for their DACA renewal as planned. This ruling only delays the start of DAPA and the expansion of DACA.

Posted 122 weeks ago
Posted 123 weeks ago
Posted 124 weeks ago



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The Law Office of Tanya M. Powers, PLLC ("the Law Office") maintains this website to provide general information about the firm and the services it provides to its clients.  The information contained on this website is not intended to be legal advice and it should not be relied on as a substitute for seeking legal counsel.   The Law Office does not seek to enter into an attorney-client relationship with any reader of its on-line content.  An attorney-client relationship with the firm can only be formed based on personal consultation with an attorney, followed by a determination that the Law Office is willing and able to accept such representation. 

Law Office of Tanya M. Powers, PLLC ♦

520 8th Street NE ♦ Hickory, NC 28601 ♦ (828) 394-1196

5200 Park Road, Suite 221 ♦ Charlotte, NC 28209  ♦ (704) 556-1156

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