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Derek Strain has practiced exclusively in the area of United States immigration and nationality law since 1997. He represents clients in all areas of immigration and nationality law including naturalization, family-based immigrant petitions, and employment-based immigration. His practice includes H-1B, L, E, and TN non-immigrant visas, PERM labor certification, and I-9s/employer compliance issues.

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Derek is valued for his ability to anticipate client needs and navigate the complexities of immigration decisions and how that can impact the company and individual for decades into the future. He provides customized solutions specific to the business objectives of his clients.

Derek is involved in various legal and business associations and has been an active member of the American Immigration Lawyers’ Association (AILA) since 1997. He served as the Chicago Chapter President from 2013-2014 and has since served on numerous AILA committees. Derek is a former Peace Corps Volunteer (Guatemala) and is fluent in Spanish.

Practice Areas

Education

  • DePaul University College of Law, J.D., Law, 1996
  • University of Kansas, B.F.A., 1989

Admissions

  • Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Southern District of Illinois

Languages

  • Spanish
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Experience
Memberships

Memberships

American Bar Association
American Immigration Lawyers Association (AILA)
Professional Activities
Legal Updates/Client Advisories
Business Immigration Monthly - April 2024
USCIS ANNOUNCES TEMPORARY AUTOMATIC EXTENSION OF SOME EAD RENEWALS On April 4, 2024, U.S. Citizenship and Immigration Services (USCIS)…
Business Immigration Monthly - March 2024
LITIGATION COMMENCED OVER APRIL 1 USCIS FEE INCREASES As noted in our January 31, 2024 alert and Business Immigration Monthly – February…
Business Immigration Monthly - February 2024
USCIS CELEBRATES NOTABLE ACHIEVEMENTS LAST FISCAL YEAR U.S. Citizenship and Immigration Services (USCIS) recently released numerical data…
Business Immigration Monthly - January 2024
USCIS TO INCREASE PREMIUM PROCESSING FEES ON FEBRUARY 26, 2024 On December 28, 2023, U.S. Citizenship and Immigration Serves (USCIS)…
Business Immigration Monthly - December 2023
DEPARTMENT OF STATE PLANS TO RESUME IN-COUNTRY NONIMMIGRANT VISA RENEWALS IN CERTAIN CASES In July 2004, the Department of State (DOS)…
Business Immigration Monthly - November 2023
PRESIDENT BIDEN’S EXECUTIVE ORDER ON AI Although existing since 1956, Artificial Intelligence or “AI”, the intelligence of machine-based…
Business Immigration Monthly - October 2023
USCIS PROPOSES CHANGES TO THE H-1B PROGRAM As reported in the September 2023 issue of our Business Immigration Monthly, the U.S…
FY-2025 Diversity Visa (DV) "Green Card" Lottery Registration Period Open From October 4 to November 7
The U.S. Department of State (DOS) has released information about the Diversity Immigrant Visa "Green Card" Lottery Program (DV-2025) for…
Business Immigration Monthly - September 2023
USCIS SENDS H-1B REFORM REGULATION TO OMB FOR REVIEW On September 19, 2023, U.S. Citizenship and Immigration Services (USCIS) sent a…
Business Immigration Monthly - August 2023
USCIS TO END AUTOMATIC 540-DAY EXTENSION PERIOD OF CERTAIN EADS U.S. Citizenship and Immigration Services (USCIS) recently indicated that…
Immigration News Alert: USCIS to Conduct Second Random Selection for FY2024 H-1B Cap Lottery
U.S. Citizenship and Immigration Services (USCIS) recently announced that it will conduct a second random selection of the FY2024 H-1B…
Business Immigration Monthly - July 2023
DHS to Allow Remote Form I-9 Verification for Qualified E-Verify Employers Beginning August 1st Beginning August 1, 2023, employers that…
Business Immigration Monthly - June 2023
EXPANSION OF PREMIUM PROCESSING FOR CHANGE OF STATUS TO F, M, OR J U.S. Citizenship and Immigration Services (USCIS) continues to expand…
Business Immigration Monthly - May 2023
TERMINATION OF COVID-19 EMERGENCY AND THE IMPACT ON IMMIGRATION Thirty-eight months after the World Health Organization (WHO) declared…
Business Immigration Monthly - April 2023
EMPLOYMENT-BASED GREEN CARD PROCESS TO CHANGE The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) recently…
Business Immigration Monthly - March 2023
USCIS Completes Fiscal Year 2024 H-1B Quota Lottery The U.S. Citizenship and Immigration Services (“USCIS”) has completed the Fiscal Year…
Business Immigration Monthly - February 2023
H-1B Quota Registration Opens in One Week The H-1B quota registration for FY2024 (October 1, 2023 to September 30, 2024) will open on March…
Business Immigration Monthly - January 2023
H-1B QUOTA REGISTRATION OPENS IN APPROXIMATELY 1 MONTH - IS YOUR COMPANY READY? The H-1B quota registration for FY2024 (October 1, 2023 to…
Business Immigration Monthly - December 2022
Co-Author: Hirokazu Kishinami, Associate DOS Temporarily Extends In-Person Interview Waivers for Certain Nonimmigrant Visa Applicants The…
Business Immigration Monthly - November 2022
Co-Author: Hirokazu Kishinami, Law Clerk Termination of Employment from an Immigration Perspective: Consequences for Not Perfecting a Bona…
Business Immigration Monthly - October 2022
Co-Author: Hirokazu Kishinami, Law Clerk Form I-9 Employee Eligibility Verification Update The Department of Homeland Security (DHS)…
DV-2024 "Green Card" Lottery Open From October 5th to November 8th For Eligible Applicants
The U.S. Department of State (DOS) has released its instructions for the Diversity Immigrant Visa "Green Card" Lottery Program (DV-2024)…
TPS and I-9s: Is My TPS Employee Authorized to Work?
Temporary Protected Status (“TPS”) allows individuals from certain countries designated by the Department of Homeland Security (“DHS”)…
Business Immigration Monthly - September 2022
October 2022 Visa Bulletin Assessment COVID processing delays have created an abundance of employment-based immigrant visas (aka Green…
Business Immigration Monthly - August 2022
Effects of Government Immigration Backlogs and Delays All government agencies involved in immigration processing continue to struggle with…
USCIS Announces That H-1B Quota for Fiscal Year 2023 Has Been Met After Only One Selection Process
The H-1B quota random selection process (aka H-1B quota lottery) for fiscal year (FY) 2023 (October 1, 2022 to September 30, 2023) was…
DHS Ending COVID-19-related Temporary Form I-9 Policies
The U.S. Department of Homeland Security (DHS) is ending its COVID-19-related temporary Form I-9, Employment Eligibility Verification…
CDC Rescinds COVID-19 Test Requirement or Proof of Recovery for International Air Travelers
On June 10, 2022, the Center for Disease Control (CDC) announced that the order requiring persons to show a negative COVID-19 test or proof…
UPDATED INFORMATION Regarding EAD Extensions for Certain E, and L Dependent Spouses [Update to the Masuda Funai November 12, 2021, Client Alert]
On May 11, 2022, U.S. Citizenship and Immigration Services (USCIS) released updated information related to their November 12, 2021, Policy…
USCIS Increases Automatic Extension Period of Certain EADs
The U.S. Citizenship and Immigration Services (USCIS) has announced that beginning May 4, 2022, it is temporarily amending existing DHS…
USCIS Announces Results of the FY2023 H-1B Quota Registration Selection Process
The United States Citizenship and Immigration Service (USCIS) has announced the results of the fiscal year 2023 (FY2023) electronic H-1B…
USCIS Announces Actions to Phase in an Expansion of Premium Processing and to Reduce Backlogs
The United States Immigration and Citizenship Service (USCIS) announced actions aimed at increasing efficiency and reducing burdens to the…
DHS Ending COVID Accommodation for I-9s
The Department of Homeland Security (DHS) has announced that it is ending its temporary policy allowing employers to accept expired List B…
H-1B Quota Registration for Fiscal Year 2023 Opens on March 1st and Closes on March 18th
The H-1B quota registration process for fiscal year 2023 will open Noon Eastern on Tuesday, March 1st and run until Noon Eastern on March…
Fiscal Year 2023 H-1B Quota Lottery: Registration Opens March 1st
United States Citizenship and Immigration Services (USCIS) announced that the electronic registration process for the fiscal year 2023 H-1B…
DHS Further Expands the STEM OPT Designated Degree Program List
On January 20, 2021, the Department of Homeland Security (DHS) announced it is adding 22 qualifying fields of study to the STEM OPT…
Expedited EAD Processing for Healthcare Workers
On December 28, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that, effective immediately, healthcare workers with…
USCIS Issues Policy Alert on EAD Extensions for Certain H-4, E, and L Dependent Spouses
[Update to the November 10, 2021 Client Alert] On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued a Policy…
DHS Enters into EAD Settlement Agreement with H-4 and L-2 Spouses
Spouses of H-1B and L nonimmigrants have long faced significant hardships due to extreme delays in processing times by the U.S. Citizenship…
News
Masuda Funai Hosts 2024 Immigration Seminar
Masuda, Funai, Eifert & Mitchell, Ltd. hosted its annual Immigration Seminar on Thursday, February 29, 2024, at the DoubleTree Hotel in…
Masuda Funai Hosts 2023 Immigration Seminar
Masuda, Funai, Eifert & Mitchell, Ltd. hosted its annual Immigration Seminar on Thursday, February 23, 2023, at the DoubleTree Hotel in…
Masuda Funai Expands its Immigration Practice
Masuda, Funai, Eifert & Mitchell, Ltd. is pleased to announce the addition of Julie T. Emerick and Derek W. Strain to the Immigration Group…
Distinctions

Distinctions

Illinois Super Lawyers, 2009-2011, 2014-2022
Leading Lawyers, 2012-2023
The Best Lawyers in America, 2012-2022