ALTHOUGH over ten years have passed since the most recent amendment pertaining to the law commonly referred to as “245i” was enacted, the law remains to be the subject of many court cases and interpretations. I myself have written on this topic previously. However, there appears to be a constant need to explain and clarify various provisions of the 245(i) law, because its application has been met with a great deal of confusion and debate. Not surprisingly, attorneys, immigration officers, and even immigration judges often struggle to apply and understand this law.

The “245(i)” law has derived its name from statute wherein it is delineated. The statute can be found in the Immigration and Nationality Act (INA), which is governing immigration law. In a nutshell, section 245(i) permits an alien to obtain a green card in the United States, either through an approved family or employment petition, despite certain prior immigration violations. They include entry to the United States without inspection, prior unauthorized presence in the United States, and unauthorized employment.

THE H-1B visa category opened again recently. As usual, we are seeing much interest by individuals and employers seeking obtain the H-1B nonimmigrant visa. In the last two years, the H1-B visa quota did not reach until much later in the year. However, prior to that, the H-1B cap has been reached within days of its opening. There is no indication that the H-1B visa will remain opened for as long as it did in the past two years. If you haven’t done so already, it is time to start the H-1B visa petition.