Department of Homeland Security

USCIS proposes regulatory change to permit stateside processing of unlawful presence waivers

January 19, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

On January 6, 2012, the Department of Homeland Security announced that it was proposing a regulatory change that would allow spouses and children of U.S. citizens who are in the United States but need an immigrant waiver of unlawful presence bar to apply for the waiver within the United States.

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When does your Canadian employee need a U.S. work permit?

August 31, 2010 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

On occasion, Canadian HR professionals will be asked if one of their employees requires a work permit to enter the United States. The answer to this question depends on whether the proposed activity falls within the scope of the B-1 business visitor category. The problem lies in the lack of clear guidelines for B-1 business visitors and the considerable amount of discretion given to USCBP officers, who inspect foreign travelers seeking admission to the United States.

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