The U.S. Citizenship & Immigration Services (USCIS) has announced an increase in Premium Processing fees (Form I-907) for certain immigration benefits applications including Forms I-129, I-140, I-539, and I-765. Here is a summary of the changes: Form I-129, Petition for a Nonimmigrant Worker Non-Immigrant Visa Classifications: H-2B and R-1.  Premium processing fee increase from $1,500 to $1,685.Non-Immigrant Visa Classifications: E–1, E–2, E–3, H–1B, H–3, L–1A, L–1B, LZ, O–1, O–2, P–1, P–1S, P–2,...

By Elizabeth Pemberton (Paralegal) and Petula McShiras (Senior Associate Attorney) A foreign national who is a citizen of a country that has a specific treaty with the United States can enter and/or remain the United States to invest in a business or to engage in international trade under either an E-1 (Treaty Traders) or an E-2 (Treaty Investors) visa.  This article will focus on the E-2 treaty investor visa. General Qualifications:...

With the retirement of Senior Partner David Kolko at the end of 2023, our law firm, Kolko & Casey, P.C. will continue our practice of providing stellar service to our clients. Under the leadership and ownership of Managing Partner, Jennifer Casey, and with the support of an excellent team of Senior Associate Attorneys Andrea Sweeney and Petula McShiras, Associate Attorney Kayla Choun, and experienced professional support staff, our law firm is...

On December 31, 2023, our law firm’s founder, David Kolko, will retire from the practice of immigration law. David and his wife Janet plan to leave their computers behind and spend the next few years traveling the world. David leaves an incredible professional legacy. He started his work in the field of immigration law in 2000, when he joined established immigration attorney Jim Cooper in an immigration law practice that became...

On December 21, 2023, the Department of State finally announced the launch of its Stateside Renewal Visa Program. With this program, a limited number of H-1B status and visa holders can renew their visas within the United States without having to travel outside of the United States. At this time, the pilot program is available only to H-1B visa renewals for individuals who previously applied for their H-1B visa in India...

On October 20, 2023, the U.S. Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) for the H-1B Specialty Occupation Program. With these proposed rules, DHS hopes to modernize the program “by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures.” The 94-page NPRM revises much of the H-1B program from start to finish, including the registration process...

Temporary Protected Status, or “TPS” is a program where individuals, who are already in the United States, may receive some protections because the conditions in the designated country temporarily prevent them from returning safely. TPS beneficiaries are provided protection against removal or deportation, are eligible to receive an employment authorization document (EAD), and in certain circumstances may be granted travel authorization. Currently, the Secretary of Homeland Security (DHS) has designated sixteen...

On July 7, 2023, the U.S. Department of Homeland Security (DHS) announced the implementation of a new Family Reunification Parole (FRP) process for nationals from Colombia, El Salvador, Guatemala, and Honduras who have approved I-130s filed by U.S. citizen or Lawful Permanent Resident (LPR) family members in the United States. These countries join Cuba and Haiti, who already have FRP processes in place since 2007, and 2014 respectively. For the past...

The Deferred Action for Childhood Arrivals (“DACA”) program was implemented in 2012 by the Department of Homeland Security under the Obama Administration. The purpose of the program is to allow undocumented individuals who came to the United States as children to apply for temporary protection from deportation and work permits. For the past 8 years, the DACA program has been targeted with various lawsuits specifically focusing on the fact that the...

On March 27, 2023, the U.S. Citizenship & Immigration Services (USCIS) announced that it has completed its random selection lottery for H-1B Cap subject cases for Fiscal Year (FY) 2024. This includes both the “regular cap” and “advanced degree cap.” Under the annual limit (“cap”) set by Congress, each fiscal year, there are 65,000 available H-1B visas for foreign nationals with a bachelor’s degree and an additional 20,000 visas for foreign...

We have currently have openings for two immigration attorney positions: Experienced Associate Immigration Attorney: 5-6 years’ experience in the practice immigration law required, with a preference for an attorney with experience in both family and employment-based immigration.Associate Immigration Attorney: 1-2 years’ experience in immigration law required. Please consider joining our team and making Kolko & Casey your home. Our law firm practices exclusively in the field of U.S. immigration law, we...

 Yesterday, the Secretary of the Department of Homeland Security, Alejandro Mayorkas, announced the designation of Ukraine for Temporary Protected Status (TPS) for a period of 18 months. In a statement the Secretary advised, “Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries. In these extraordinary times, we will continue to offer our support and protection to...

On October 25, 2021, the Biden Administration issued Presidential Proclamation, “Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic,” and officially announced the rescission of Presidential Proclamations 9984, 9992, 10143, and 10199, known as the country-specific Travel Bans for Brazil, China, India, Iran, Ireland, Schengen Area, South Africa and the United Kingdom, that have impacted the approvals of visas and limited travel of foreign nationals to the United States...

Every individual applying for lawful permanent residency or immigrant visa in the United States is required to establish that an applicant is not inadmissible to the U.S. on public health grounds. People inside the United States, seeking lawful permanent residency through the process of adjustment of status before the U.S. Citizenship & Immigration Services (USCIS), are required to submit a completed Form I-693, Report of Medical Examination and Vaccination Record, at...

Colorado's COVID-19 vaccination rollout will move into Phase 1B.3 beginning March 5, 2021. With this phase, the following Coloradans will become eligible to receive a COVID-19 vaccine: People age 60 and olderFrontline essential workers in grocery and agriculturePeople age 16-59 with 2 or more high risk conditions If you work in agriculture, meatpacking, or a grocery store, in close contact with others, you are eligible to receive a COVID-19 vaccine beginning...

Kolko and Casey, P.C. announces the 2021 selection of law partners Jennifer Casey and David Kolko for esteemed honors in the field of immigration law, from both 5280 Magazine and Super Lawyers. Each of these recognitions is based on comments from peers, clients and colleagues in the immigration legal field, which confirms what we already know: our firm is indeed fortunate for the experience and leadership shown by Jennifer Casey and...

The United States Department of Homeland Security issued a statement earlier this month affirming its support for equal access to COVID-19 vaccines and vaccine distribution sites for all, including undocumented immigrants: “It is a moral and public health imperative to ensure that all individuals residing in the United States have access to the vaccine. DHS encourages all individuals, regardless of immigration status, to receive the COVID-19 vaccine once eligible under local...

United States Citizenship and Immigration Services (USCIS) has announced that the window for filing electronic H-1B registrations will open on Tuesday, March 9, 2021 at noon Eastern and will close at noon Eastern on Thursday, March 25, 2021. Any employer seeking file an H-1B petition on behalf of a foreign worker must submit a registration on the worker’s behalf during this filing window. USCIS intends to notify employers of any selected...

We are fast approaching the time of year when the United States Citizenship and Immigration Services (USCIS) conducts its annual lottery to assign the limited number of H-1B visas available for the next fiscal year, which begins October 1. USCIS has yet to announce the filings dates for this year’s lottery process, but we anticipate that it will be in the first weeks of March. The H-1B nonimmigrant status/visa is an employer-sponsored...

On January 21, 2021, President Biden issued an Executive Order, Promoting COVID-19 Safety in Domestic and International Travel, requiring international travelers to present a negative COVID-19 test in order to enter the United States. This order takes effect on January 26, 2021. Consistent with President Biden’s Executive Order, the Center for Disease Control & Prevention (CDC) published an order in the Federal Register specifying that international travelers must produce a negative...