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EAD for Humanitarian Parolee

Tiyalaw — Wed, 21 Aug 2019 00:03:18 +0000

EAD for Humanitarian Parolee

Certain foreign national who are paroled into the U.S. for urgent humanitarian reasons or significant public benefit may be eligible to apply for discretionary employment authorization with the U.S. Citizenship and Immigration Services (USCIS). USCIS will consider such employment authorization, on a case-by=case basis and based on the totality of the circumstances of each case.

For additional information, please visit USCIS website at: https://www.uscis.gov/news/news-releases/uscis-issues-guidance-discretionary-employment-authorization-parolees

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals, and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; various green cards; N-400 Naturalization; various waivers; Hs; L executive, manager and specialized knowledge professionals; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center; USCIS Request for Evidence (RFE); work permit, marriage cases, family immigration, employment immigration, and much more.

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H-1B Cap Petitions: Cap-Gap F-1 Status or F-1 Work Authorization is Valid Till September 30, 2018

Tiyalaw — Sat, 29 Sep 2018 02:56:43 +0000

H-1B Cap Petitions: Cap-Gap F-1 Status or F-1 Work Authorization is Valid Till September 30, 2018

Immigration law provides that certain F-1 students with pending or approved cap-subject H-1B Petitions that have been timely field for the Fiscal Year (FY) 2019 for change-of-status for an October 1, 2018 H-1B start-date will have their F-1 status or F-1 work authorization automatically extended during the cap-gap period (unless the F-1 status/work authorization is otherwise terminated).

Cap-gap is the gap period between the expiration of an F-1 status or F-1 work authorization until September 30, 2018. Cap-gap doesn’t apply if such H-1B Petition is rejected or denied before October 1, 2018.

Cap-gap extension of an F-1 work authorization terminates automatically on October 1 2018. Any F-1 cap-gap beneficiaries whose H-1B Petitions are still pending would no longer be eligible to work starting October 1, 2018 and will accrue unlawful presence if they continue working. However, they may wait in the U.S. (unless there is an immigration violation such as unauthorized employment). However, pending change-of-status H-1B beneficiaries whose F-1 work authorization remains valid independently (not pursuant to cap-gap; i.e. I-765 card that is valid beyond September 30, 2018) may continue working.

At this time, premium processing for certain H-1B Petitions including H-1B Petitions subject to FY 2019 Visa Cap are temporary suspended until February 19, 2019.

For additional information, please visit:

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

September 28, 2018

Direct dial from abroad: 001-703-7728224

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Tiyalaw — Thu, 27 Sep 2018 07:00:27 +0000

Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Recently, U.S. Citizenship and Immigration Services (USCIS) proposes new law to widen the “public charge” determination for recipients of various welfare benefits. Those who are likely to become a “public charge” at any time in the future will be inadmissible and disqualify from various immigration green card applications, admissions, visas; and nonimmigrant change of status and extension of stay.
USCIS will publish the effective date for proposed rules upon completing public comments and reviews.

The public benefits (beyond certain thresholds) that are covered by the proposed “public charge” determination includes:

Receipt of designated public benefits, including cash assistance for income maintenance, Medicaid (with limited exceptions for Medicaid benefits paid for an “emergency medical condition,” and for certain disability services related to education), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), any benefit provided for institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing. Generally, these covered benefits represent the largest Federal programs for low-income people by total expenditure that address basic living needs such as income, housing, food, and medical care.
Under the proposed rule, receipt of public benefits that are not covered by the 1999 Interim Field Guidance (i.e., Medicaid, the Medicare Part D Low Income Subsidy, SNAP, and the designated housing benefits) would not be considered for public charge purposes. Only such benefits receipt that occurred after a final rule becomes effective will be considered public charge.

The proposed rules will not affect foreign nationals specifically exempted from the public charge ground of inadmissibility, such as refugees, asylees, Afghans and Iraqis with special immigrant visas, nonimmigrant trafficking and crime victims, individuals applying under the Violence Against Women Act (VAWA), and special immigrant juveniles; and also excludes consideration of benefits received by U.S. citizen children of aliens who will acquire citizenship under either section 320 or 322 of the INA, and by alien service members of the U.S. Armed Forces.

Additionally, most lawful permanent residents would not be subject to inadmissibility determinations; certain exceptions apply.

For additional information, please visit:

https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility

September 22, 2018

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Implementing New Immigration Policy on Referral for Removal/Deportation

Tiyalaw — Wed, 26 Sep 2018 23:12:37 +0000

Implementing New Immigration Policy on Referral for Removal/Deportation

On October 1, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin implementing updated immigration policy (issued on June 28, 2018) on removal (deportation).

A removal proceeding is initiated by filing a Form I-862, Notice to Appear (NTA) with the Immigration Court. Although U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have authority to issue NTAs, USCIS may also initiate NTAs.

Generally, NTA issuance applies to following situations:

1. National security cases.

2. USCIS will continue to issue NTAs in the following circumstances:

(a) Termination of Conditional Permanent Resident Status and Denials of Form I-751, Petition to Remove the Conditions of Residence (8 CFR §§ 216.3, 216.4, 216.5).

(b) Termination of Conditional Permanent Resident Status and Denials of Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (8 CFR § 216.6).

(d) Denials of Nicaraguan and Central American Relief Act (NACARA) Section 202 and Haitian Refugee Immigration Fairness Act (HRIFA) adjustment of status applications: 1. NACARA 202 adjustment denials (8 CFR § 1245.13(m)); 2. HRIFA adjustment denials (8 CFR § 245.15(r)(2)(i)).

(e) Asylum, NACARA Section 203, and Credible Fear cases

3. Fraud, Misrepresentation, and Abuse of Public Benefits Cases under various circumstances.

(a) Criminal cases/issues under various circumstances

4. Denial of N-400 under various circumstances including, but are not limiting to:

(a) Good moral character (GMC) grounds based on the underlying criminal offense, and that the alien is removable.

(b) Ineligible for naturalization such as inadmissible at the time of adjustment or admission to the United States.

5. Upon issuance of an unfavorable decision for an application, petition, or benefit request, and the alien is not lawfully present in the United States, USCIS will issue an NTA. For examples, I-485 application for adjustment of status, I-539 application to extend or change nonimmigrant status

6. Other miscellaneous circumstances including, but are not limiting to: Upon request by a foreign national on a limited and discretionary basis.

7. The NTA policy issued on June 28, 2018 will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time – existing guidance for these case types will remain in effect.

For additional information, please visit:

https://www.uscis.gov/news/alerts/uscis-begin-implementing-new-policy-memorandum-notices-appear

and

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

September 26, 2018

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

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H-1B Premium Processing is Further Suspended

Tiyalaw — Tue, 28 Aug 2018 22:54:37 +0000

H-1B Premium Processing is Further Suspended

Effective September 11, 2018, U.S. Citizenship and Immigration Services (USCIS) is further suspending premium processing until February 19, 2019 for all H-1Bs Petitions filed with California and Vermont Service Centers except for the following:

1. Cap-exempt H-1B Petitions by cap-exempt employers filed with California Service Center.

2. H-1B Petitions without any change or amendment filed with Nebraska Service Center.

Previously, USCIS has been suspending H-1B premium processing for H-1B Cap Petitions only until September 10, 2018.

Outside of premium processing, USCIS may still consider expedite request on a discretionary and case-by-case basis.

Premium processing is filed via Form I-907 Request for Premium Processing Service for USCIS to adjudicate a petition within 15 calendar days from its receipt (e.g. approval, request for evidence or RFE, or denial within 15 days). With this temporarily suspension, there will be processing delay for many types of H-1B Petitions, and FY 2019 H-1B Cap Petitions or Visas that are fortunate enough to be selected in the H-1B lottery process.

For additional information, please visit: https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

August 28, 2018

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Immigration Help for Those Affected by California Wildfires

Tiyalaw — Wed, 15 Aug 2018 19:45:24 +0000

Immigration Help for Those Affected by California Wildfires

U.S. Citizenship and Immigration Services (USCIS) will expedite or provide discretionary handling of immigration cases impacted by unforeseen or extreme situations, or natural catastrophes such as the recent California wildfires.

Expedite or discretionary request may be made during or after filing an immigration case.

Upon request, USCIS will provide the following on a discretionary basis:

Changing or extending a nonimmigrant status in the U.S.: If you don’t apply for the extension or change before your authorized period of admission expires, USCIS may excuse a delay in applying for the extension or change before an authorized period of admission expires if it was due to extraordinary circumstances beyond the nonimmigrant’s control;
Re-parole of individuals previously granted parole by USCIS;
Expediting processing of advance parole requests;
Expediting adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expediting adjudication of employment authorization applications;
Consideration of fee waivers due to an inability to pay;
Extension of response time or acceptance of a late response to a Request for Evidence or a Notice of Intent;
Rescheduling an interview with USCIS;
Expediting replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

For additional information, please visit: https://www.uscis.gov/humanitarian/special-situations

August 15, 2018

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New USCIS Policy on Unlawful Presence for Students and Exchange Visitors

Tiyalaw — Wed, 15 Aug 2018 03:18:42 +0000

New USCIS Policy on Unlawful Presence for Students and Exchange Visitors

The new immigration policy is that the accrual of unlawful presence is suspended when students and exchange visitors (F, J or M nonimmigrant) file a reinstatement application within five months of falling out of status, and while the application is pending with USCIS. In general, an F, J, or M nonimmigrant whose application for reinstatement (timely filed or otherwise) that is approved will not accrue unlawful presence while out of status.

The accrual of unlawful presence resumes the day after the reinstatement’s denial, and the nonimmigrant must voluntarily depart the United States to avoid accruing more unlawful presence that could trigger future inadmissibility under section 212(a)(9) of the Immigration and Nationality Act.

For additional information, please visit: https://www.uscis.gov/news/uscis-issues-revised-final-guidance-unlawful-presence-students-and-exchange-visitors

August 9, 2018

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Immigration News: USCIS Recalling Incorrectly Dated Green Cards

Tiyalaw — Wed, 16 May 2018 12:00:12 +0000

Immigration News: USCIS Recalling Incorrectly Dated Green Cards

U.S. Citizenship and Immigration Services (USCIS) have started recalling over 8543 Permanent Resident Cards (Green Cards) mailed out between February and April 2018 due to incorrectly printed date for “Residence Since.” These incorrect Green Cards were issued for approved applications for Form I-751, Petition to Remove Conditions of Residence filed by spouses of U.S. citizens or permanent residents.

USCIS will mail out notification with prepaid envelopes for Green Card holders to return, within 20 days, their incorrect Green Card. Alternatively, these Green Card holders may also return their incorrect Green Card to their local USCIS office. USCIS will send out replacement Green Cards within 15 days of receiving their returned cards.

Although the incorrect date on such a Green Card does not affect a Green Card holder’s permanent residence or green card status, it is still important to obtain a correct date for “Residence Since.” Otherwise, there may be USCIS processing delay when such a Green Card holder apply for U.S. naturalization. Spouses of U.S. citizens may apply for naturalization after three years of permanent residency in addition to meeting other immigration criteria.

For additional information, please visit USCIS at: https://www.uscis.gov/news/alerts/uscis-recall-incorrectly-dated-green-cards

May 14, 2018

Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Immigration News: USCIS Returns Unselected H-1B Cap Petitions for FY 2019

Tiyalaw — Wed, 16 May 2018 00:39:57 +0000

Immigration News & Processing: USCIS Begins Returning Unselected H-1B Cap Petitions for FY 2019

U.S. Citizenship and Immigration Services (USCIS) have completed data entry for fiscal year 2019 (FY 2019) H-1B Cap Petitions selected in the recent lottery system, and will start returning unselected petitions. Although USCIS does not have a specific time for petitions return, it will issue an announcement once all unselected petitions are returned. H-1B petitioners will need to wait for their H-1B receipt notices or returned petitions, instead of seeking case status with USCIS.

Selected H-1B Cap Petitions may be transferred for adjudication between Vermont Service Center and California Service Center for balancing H-1B Cap Petitions caseload. USCIS will issue notice regarding such a transfer. Once transferred, H-1B petitioners will direct their future correspondence to the service center adjudicating the H-1B Cap Petition.

For additional information, please visit: https://www.uscis.gov/news/alerts/uscis-completes-data-entry-fiscal-year-2019-h-1b-cap-subject-petitions

May 15, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net
Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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USCIS Announced Immigration Help for Those Affected by Hurricane Irma

Tiyalaw — Wed, 13 Sep 2017 00:52:31 +0000

USCIS Announced Immigration Help for Those Affected by Hurricane Irma

Previously, on August 30, 2017, U.S. Citizenship and Immigration Services (USCIS) announced immigration services to help people affected by unforeseen circumstances/disaster. Specifically, USCIS provided an example as those affected by Hurricane Harvey.

With U.S. still recovering from the aftermath of recent Hurricane Harvey in Texas, Hurricane Irma has caused flooding, damages and chaos in many parts of Florida, since Sunday.

The August 30, 2017 temporary immigration reliefs from USCIS seem applicable to people affected by Hurricane Irma. Today, USCIS confirmed that such discretionary reliefs apply to those affected by Hurricane Irma. Hurricane Irma may be one of the USCIS special situations (if so impacted) for requesting certain discretionary reliefs from USCIS. This USCIS clarification is important given the highly discretionary nature of these immigration services.

Services, announced on August 30, 2017, for individuals affected by disasters such as Hurricane Harvey (including Hurricane Irma) are given on a case-by-case basis upon request. Applicant must include an explanation on the impact of Hurricane Harvey or Hurricane Irma causing a need for such services. The services that may be available are:

* Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Non-timely extension or change of status may be excused if the delay was due to extraordinary circumstances beyond the applicant’s control;

* Re-paroling individuals previously on parole by USCIS;

* Expedited processing of advance parole;

* Expedited adjudication of requests for off-campus employment authorization based on severe economic hardship for F-1 students;

* Expedited adjudication of employment authorization applications, where applicable;

* Consideration of fee waivers due to an inability to pay;

* Assisting those with a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or respond timely;

* Assisting those who are unable to appear for a USCIS scheduled interview;

* Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and

* Rescheduling a biometrics appointment.

September 12, 2017

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: seven zero three – 772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-772-8224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Need help with green card, work visas, work permit, sponsoring family, sponsoring employees, sponsoring relatives, hardships or immigration waivers, U.S. naturalization/citizenship, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and many more.