Vedder & Jattan, P.A. Vedder & Jattan, P.A. 2026-10-01T21:00:01Z https://www.theimmigrationfirm.us/feed/atom/ WordPress /wp-content/uploads/sites/1404657/2023/06/cropped-DavidVedder-site-icon-c-32x32.png On Behalf of Vedder & Jattan, P.A. <![CDATA[What recent USCIS changes mean for EB-2 and EB-3 applicants]]> https://www.theimmigrationfirm.us/?p=256858 2026-09-29T11:23:52Z 2026-09-29T11:23:52Z Filing fees may be higher Under the current USCIS fee structure, applicants may need to pay separate fees for Form I-485, Form I-765 and Form I-131. That can increase the cost of filing for adjustment of status, especially if the applicant also wants work authorization and advance parole. Employers that help cover immigration costs may also need to budget for these added fees.

Some I-140 filings may include an extra fee

Certain Form I-140 filings may be subject to an Asylum Program Fee. The amount and any exemption can depend on the employer’s size and type. Because the employer usually pays this fee, it can add to the overall cost of sponsoring a worker for permanent residence.

EAD validity periods have been reduced

USCIS maximum EAD validity for pending adjustment-of-status applicants is capped at 18 months. Because work authorization documents do not last as long as they once did, applicants and employers should plan ahead for more frequent renewal filings while waiting for a green card to become available.

Priority dates still matter

EB-2 and EB-3 cases do not always move at the same pace. In some situations, EB-3 may become available before EB-2 for filing purposes. That can matter for employers and workers trying to plan the next step in the green card process. In some cases, a different employment-based category may offer a better filing option, but the facts and current USCIS rules must support it.

Keep checking current guidance

USCIS fees, filing rules and visa availability can change. Before filing, EB-2 and EB-3 applicants and their employers should review the latest USCIS guidance and Visa Bulletin to confirm the current rules.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Can using AI tools hurt your immigration case?]]> https://www.theimmigrationfirm.us/?p=256854 2026-09-22T20:08:49Z 2026-09-22T20:08:49Z Why AI-generated content raises red flags Immigration officers check applications for accuracy, consistency and signs of fraud. AI tools may add details that sound right but do not match your records or current requirements. Even small errors can raise questions and slow your case. Some specific examples show why this matters:
  • AI tools can fabricate dates, job titles or employment history, which may cause reviewing officers to question the accuracy of your application.
  • AI tools may provide incorrect deadlines or misread eligibility criteria, which can result in a denial if the error goes uncorrected.
  • AI tools may rely on outdated information and miss recent federal policy changes, which may affect your visa eligibility.
Errors like these can result in delays, a request for more evidence or additional scrutiny, depending on how an officer views the inconsistency. In more serious cases, they may also contribute to a denial. Inconsistent information can raise questions even when the mistake was unintentional.

Why AI tools struggle with immigration accuracy

AI errors may look small, but they can create conflicts across forms and supporting records. Because AI tools are not connected to live regulatory sources and do not update automatically, they may miss key facts or rely on guidance that no longer reflects current policy. Attorneys generally check each claim against official sources and align every answer with your documents.

Why legal review matters when AI tools are involved

Immigration applications are reviewed against specific rules, and even well-intentioned errors can affect the outcome. AI tools cannot reliably evaluate how your facts affect eligibility or how an officer may read your answers. They also cannot identify how a previous filing, a gap in your record or an unclear timeline could affect your current application. If you have already used an AI tool to draft or review application materials, compare the content against your own records and the current federal guidance before submitting. A licensed immigration attorney can review the completed materials for inconsistencies and flag anything that may need correction. Catching errors before submission is substantially easier than correcting them after a filing is already under review.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Cuáles son las vías de inmigración para trabajar en áreas STEM de EU]]> https://www.theimmigrationfirm.us/?p=256849 2026-09-17T20:14:57Z 2026-09-17T20:06:14Z Obtener una visa de empleo temporal Las personas que vienen a trabajar temporalmente a Estados Unidos generalmente necesitan que su futuro empleador presente una solicitud o petición ante el Servicio de Ciudadanía e Inmigración de los EE. UU. (USCIS). En algunos casos (por ejemplo, si alguien posee una "habilidad extraordinaria"), la persona puede presentar la petición por su cuenta. Existen múltiples clasificaciones de visa para trabajadores temporales no inmigrantes. Muchas personas en sectores STEM buscan una visa O-1 o H-1B. Quienes buscan inmigrar y vivir aquí de forma permanente pueden solicitar una visa de inmigrante basada en el empleo ante el Departamento de Estado (Department Of State). Esto se conoce como "autopetición". Generalmente, el USCIS debe aprobar primero la petición.

Solicitar la residencia permanente a través del empleo

En algunos casos, los profesionales de áreas STEM pueden solicitar la residencia permanente. Esto se conoce comúnmente como tener una Green Card. Este estatus permite a las personas permanecer en EE. UU. de forma permanente (salvo en casos como una condena penal). Las personas con estatus de residente permanente suelen solicitar la ciudadanía después de un tiempo. Algunos científicos, ingenieros, técnicos y otros expertos de campos STEM comienzan con una visa temporal de no inmigrante y luego, si reciben la oportunidad de ocupar un puesto a largo plazo, necesitan cambiar a una permanente. Existen requisitos específicos para solicitar este ajuste de estatus que tanto los trabajadores como sus empleadores deben seguir. Resulta fundamental seguir el proceso correcto para evitar problemas innecesarios que puedan provocar la revocación de la visa y la pérdida del empleo. La burocracia puede parecer abrumadora. Contar con asesoría legal experimentada durante todo el proceso puede marcar toda la diferencia.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Can a Daytona Beach spouse get a green card after overstaying?]]> https://www.theimmigrationfirm.us/?p=256837 2026-08-26T09:54:57Z 2026-08-26T09:54:57Z A visa does not always end a green card case when someone stays in the U.S. past the date allowed. For some spouses of U.S. citizens, an overstay may not prevent them from applying for permanent residence from inside the country. However, the answer can change based on how the person entered the U.S. and whether other immigration issues exist. For example, someone who entered the U.S. with a valid tourist visa, married a U.S. citizen and stayed after the authorized period may still qualify for adjustment of status. U.S. Citizenship and Immigration Services (USCIS) generally does not apply certain status and unauthorized work bars to immediate relatives of U.S. citizens.

When an overstay may not block a green card

Marriage to a U.S. citizen can provide an important path to a green card. Spouses count as immediate relatives, so they do not have to wait for an immigrant visa number to become available. However, the person generally must have entered the country through inspection and admission or parole. Several other factors can affect eligibility, including certain criminal offenses, fraud or misrepresentation and prior immigration violations. Some common situations that may affect a spouse’s case include:
  • Entering the U.S. without inspection
  • Using false information to obtain a visa or admission
  • Having certain criminal convictions
  • Receiving a prior removal order
  • Entering under the Visa Waiver Program and overstaying
Because each issue can affect a case differently, legal assistance can help identify potential problems before they affect an adjustment application.

What happens after the visa expires?

An expired period of stay does not automatically mean that a spouse must leave the U.S. to apply for a green card. For an eligible spouse of a U.S. citizen, filing for adjustment of status may allow the person to pursue permanent residence without first returning to the home country. Still, leaving the U.S. after building up unlawful presence can create separate immigration problems. Depending on how long the person remained unlawfully, departure may trigger a three-year or 10-year bar on returning.

An overstay is not always the end

For a Daytona Beach spouse, an overstay may not close the door to a green card. The details of the entry, marriage, immigration history and any other violations can determine whether adjustment of status remains available.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[EB-2 retrogression could affect employer-sponsored workers]]> https://www.theimmigrationfirm.us/?p=256811 2026-08-14T04:59:29Z 2026-08-14T04:59:29Z A familiar warning sign is back in the immigration system: Employment-Based Second Preference (EB-2) retrogression. If it happens, thousands of employer-sponsored workers across Florida could face longer waits for green cards.

What retrogression means

Retrogression occurs when total demand for immigrant visa numbers from both the U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS) exceeds the annual limits Congress set under the Immigration and Nationality Act. When demand outpaces supply, the State Department moves the priority date cutoff backward instead of forward.  When this happens, workers who thought they were close to filing for a green card suddenly find themselves waiting months or even years longer. The system doesn't remove anyone from the line; it simply slows the line down.

Why Florida employers should pay attention

Florida hosts a large share of EB-2 filings, especially in healthcare, engineering and tech. Companies in Miami, Orlando and Tampa sponsor many foreign professionals for advanced-degree or exceptional-ability roles. A sudden retrogression could delay promotions, complicate long-term staffing plans and force human resources (HR) teams to rethink timelines for key hires.

How workers can prepare

Employees should track their priority dates closely and talk with their employer's immigration counsel now, before any official announcement. Filing an Application to Register Permanent Residence or Adjust Status (Form I-485) early, when the category remains current, can lock in benefits like work authorization and travel permission even if retrogression hits later.

What comes next

The State Department releases its Visa Bulletin each month, and Florida employers should review it as part of routine compliance. Staying informed won't stop retrogression, but it gives both companies and workers time to adjust plans and avoid last-minute surprises. Many turn to an immigration attorney during this stretch simply to confirm their timeline still makes sense.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Helping construction companies direct hire immigrant workers]]> https://www.theimmigrationfirm.us/?p=256809 2026-08-11T05:02:12Z 2026-08-11T05:02:12Z The H-2B visa: Best for short-term needs H-2B visas fit seasonal or peak-load demands, not year-round staffing. Congress caps this program at 66,000 visas per year, split across two hiring seasons. Demand often exceeds that limit. An initial H-2B approval may last up to one year, with extensions available for as long as three years total, followed by a required three-month period outside the United States. Employers should also plan for significant compliance costs, including paying the Department of Labor’s required prevailing wage, covering inbound and outbound travel and daily subsistence, paying filing and petition fees, and not passing prohibited program or legal expenses on to workers

The EB-3 visa: Best for permanent staffing

The EB-3 immigrant visa provides a long-term hiring option for permanent roles and includes three sub-categories:
  • Skilled workers
  • Professionals
  • Other workers (unskilled)
For construction firms, general labor positions often fall under the other workers category. Employers must first secure Program Electronic Review Management (PERM) labor certification from the Department of Labor, showing that no qualified U.S. worker is available. Processing often takes several months or more, along with possible backlogs for high-demand countries.

Florida's E-Verify mandate

Since 2023, Florida law requires E-Verify for every new hire. This applies to private employers with 25 or more workers. Public contractors and subcontractors must comply too, no matter their size. Other employers are urged to use E-Verify on their own. Failing to comply can lead to investigations, corrective demands and, in some cases, the suspension of state business licenses.

Building a compliant hiring strategy

It is important for employers to audit current practices, confirm E-Verify enrollment and plan visa petitions well in advance of anticipated staffing needs. Combining seasonal strategies with long-term pipelines often gives contractors additional options as Florida’s labor market changes. A simple misstep can lead to legal and financial risks. Contractors who are unsure which pathway fits their company should seek guidance from immigration counsel before committing to hiring plans.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[De la detención a la libertad: logramos la liberación de nuestro cliente tras una batalla legal en varios estados]]> https://www.theimmigrationfirm.us/?p=256803 2026-07-27T18:34:32Z 2026-07-27T18:34:32Z contra el proceso de deportación, al tiempo que evaluábamos la vía más eficaz para lograr su libertad. Reconociendo la importancia de contar con la perspectiva de los tribunales locales, colaboramos estrechamente con un equipo de abogados de confianza en Colorado para interponer un recurso federal de habeas corpus ante el Tribunal de Distrito de los Estados Unidos para el Distrito de Colorado. Gracias a este esfuerzo coordinado, obtuvimos un fallo favorable. Como resultado, nuestro cliente fue liberado de la custodia del ICE bajo fianza y pudo reunirse con sus seres queridos mientras su proceso continúa. Este desenlace refleja el compromiso inquebrantable de nuestro bufete de abogados con la defensa de la libertad de nuestros clientes y con el uso de todos los instrumentos legales disponibles —en cualquier jurisdicción y tribunal— para salvaguardar sus derechos.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Helping schools direct hire immigrant workers]]> https://www.theimmigrationfirm.us/?p=256787 2026-07-10T08:37:14Z 2026-07-10T08:22:02Z qualified teachers and support staff has become a growing challenge for many Florida schools. When important positions stay open, students, teachers and daily school operations may all feel the effects. While many schools work with staffing agencies, you may also have the option to hire qualified immigrant workers directly.  Learning how the process works may help you reach more job candidates and build a stronger, more stable team. Here are some key steps to consider.

1. Find the best visa option for the position you need to fill

The first step is choosing the visa that fits the position you want to fill. The best option often depends on the job and the worker's education and experience. Some common visa options include:
  • H-1B visas for teachers and other jobs that usually require at least a bachelor's degree.
  • EB-2 or EB-3 visas for workers who plan to become permanent residents through their jobs.
  • J-1 visas for teachers who take part in approved exchange programs.
Each visa has its own eligibility rules, filing deadlines and paperwork. Choosing the right one early may help your hiring process move more smoothly.

2. Complete each sponsorship step and follow Florida law

After you choose the right visa, you can begin the sponsorship process. Depending on the visa, you may need to prepare job information, collect supporting documents and file forms with federal immigration officials. You also need to follow Florida hiring rules. Under Florida law, public employers, including public school districts, must use the federal E-Verify system to confirm that new employees can legally work in the United States. Understanding both federal immigration requirements and Florida's hiring rules may help your school avoid unnecessary delays and stay on track throughout the process.

3. Reduce delays by avoiding common hiring mistakes

Small mistakes can slow the hiring process. Paying close attention to deadlines and paperwork may help keep everything on track from the beginning. Your school may benefit from:
  • Keeping complete and accurate employee records.
  • Filing immigration forms on time.
  • Following employment verification requirements.
  • Applying the same hiring process to every candidate.
These steps may also help your new employee start work with fewer delays.

Build a stronger school workforce through direct hiring

Hiring immigrant workers directly may help your school fill important positions and reduce ongoing staffing shortages. Although the process involves several steps, understanding the visa options, sponsorship responsibilities and hiring requirements may help you make informed hiring decisions as your school's staffing needs continue to evolve.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Helping Florida hospitals direct hire immigrant workers]]> https://www.theimmigrationfirm.us/?p=256785 2026-07-10T08:16:25Z 2026-07-10T08:16:25Z Key immigration pathways for direct hiring Florida hospitals can use different immigration options to hire healthcare workers from other countries. The EB-3 visa lets them hire registered nurses and physical therapists. Because these jobs are on Schedule A, hospitals can also avoid long certification processes. The H-1B visa is used for specialty roles like physicians and hospital administrators, though it is competitive and often capped. Another option is the TN visa, which offers a faster, streamlined way for qualified Canadian and Mexican healthcare professionals to work in the U. S.

Maintaining legal compliance

Following Florida law is important when hiring healthcare workers from other countries. Hospitals must confirm that candidates have documents showing they completed their education and can speak English well. Healthcare employers must also follow wage rules and make sure international hires earn the same as local workers in the same role. By working with Florida’s nursing and medical boards, hospitals can confirm these workers meet all requirements to practice in the state.

Benefits of the direct-hire model

The direct-hire model has key benefits for healthcare organizations. It can lower costs by reducing fees from temporary staffing agencies. Direct-hire international workers may also stay longer. This helps hospitals keep a stable team. Hiring international workers can also build a more diverse workforce. In Florida’s multicultural communities, this can help staff understand patients’ cultures better. As a result, care can improve and services can better meet patient needs.

Taking the first step

A proactive immigration plan can help hospitals successfully bring in foreign-trained professionals while keeping patients and staff safe. Healthcare HR teams can work with a lawyer to make international hiring more efficient.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Can job loss immediately cost an immigrant their visa?]]> https://www.theimmigrationfirm.us/?p=256773 2026-06-26T12:37:51Z 2026-06-26T12:37:51Z There is usually time to find new employment The United States Citizenship and Immigration Services (USCIS) typically only approves work visas for professionals whose skills benefit the domestic economy. Someone who qualified for an employment visa could offer their skills, labor and insight to another company in the United States after losing a job. When immigrants who qualify for work visas lose their jobs unexpectedly, they are eligible for a 60-day grace period. They can search for employment with a different company. Provided that they secure a job offer and that their new employer follows the right procedures, they can file paperwork to update their visa that reflects the change in their employment. For many people who qualify for work visas, job loss is simply a source of stress and a sudden transition, not a reason to leave the country. Those facing challenges related to a work visa may need support to understand the rules that apply to them and their visas. Working with a lawyer can help immigrants protect their legal status.]]>