Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers?  Opening a business or investing in the U.S.?  Are you an Inventor or skilled worker in the U.S.?  November 20, 2014 Executive Actions

The President announced various executive actions on November 20, 2014 relating to, among other things, green card and temporary visa matters.  Some of them are outlined below.

The executive actions are calling for the U.S. Citizenship and Immigration Services (USCIS) to work with the U.S. Department of State (DOS) to make efficient use of authorized immigrant visa numbers, and better determination of immigrant visa number availability.  Various types of green card cases are subject to visa number quota.  [Hopefully, the changes may improve visa number availability such as immigrant visa numbers becoming current.]

Additionally, the executive actions are requesting the USCIS to relax job or adjustment portability for delayed or lengthy adjustment of status cases.  I-485 Adjustment of Status is the final stage in a green card process.  Many adjustment cases remain pending or are delayed because of immigrant visa number unavailability (immigrant visa number not current).  Currently, a foreign national in an employment green card may change or port to a different employer before his/her green card is approved, when the adjustment case has been pending for a certain period of time.  Presently, such job change or portability is restricted to the same or similar green card job classification, which is narrowly interpreted.  Thus, a foreign national who has changed job under the adjustment-of-status portability but who does not have an H-1B or another temporary work visa for the new job may possibly face removal or deportation proceeding. [Hopefully, the changes may allow eligible adjustment applicants to transfer or port to a wider range of jobs.]

In improving the U.S. economy, the executive actions are asking the USCIS to:

1. Clarify the standard for green card national interest waiver cases for founders of start-up businesses, foreign investors or researchers.  National interest waiver is a process for an eligible foreign national who has an advanced degree or exceptional ability to apply for green card without the PERM permanent labor certification process.  His/her contributions or skills must be of U.S. national interests. [Hopefully, these changes may mean widening the range of evidence that would constitute exceptional ability or U.S. national interests.]
2. Parole, on a case-by-case basis, eligible founders of start-up businesses, foreign investors or researchers.  This is for a foreign national who has not yet met the national interest waiver standard, and:

(a) Who has been awarded substantial U.S. investor financing; or

(b) Who has the potential for innovation and job creation through the development of new technologies or cutting-edge research.

Spouses of certain H-1B employees who are in certain green card process may apply for work permit (employment authorization document/EAD).  H-1B visa is for job that requires at least a bachelor’s degree or equivalent in a relevant field.

There may be further clarification and consistency on what constitutes specialized knowledge for employee transferring from company overseas into the U.S.

The above executive actions are not effective yet.  The government will provide further clarifications and guidelines in the coming months.  Please stay tune and sign up for our eNews for future updates.

For additional information on other types of recent executive actions, please visit:  https://immigrationresource.net/in-the-u-s-illegally-need-to-fix-u-s-immigration-status-consider-applying-for-dapa-around-may-19-2015-expanded-daca-february-18-2015/

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 Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw 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, illegal status, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law.

We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. For examples including, but are not limiting, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; 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 for spouse, parent, son and/or daughter 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; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts.

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New USCIS ELIS Online Filing Immigration System is Launched Today for Foreign Nationals Visiting USA Temporarily for Business and Pleasure (May 22, 2012)

The U.S. Citizenship and Immigration Services (USCIS) has engaged green (environmental) modernization.  The first phase of USCIS Electronic Immigration System (USCIS ELIS) is launched today (May 22, 2012.  USCIS ELIS is the new online immigration system.

Starting today, USCIS ELIS allows certain applicants to file their applications online (currently limited to Form I-539, Application to Extend/Change Nonimmigrant Status) and submit I-539 filing fee online.  Applicants who are currently eligible to use USCIS ELIS include those who wish to be in the United States (USA) temporarily for business, pleasure/vacation, study, and medical treatment.

Eventually, all USCIS immigration applications can be filed online via USCIS ELIS but their inclusions will be implemented in stages.

Currently, USCIS receives about 6 to 7 million applications each year, with most of them done via paper filings by mail where paper files are shipped between various locations for USCIS review and adjudication.  The transformation from USCIS paper-based filings to online filings will streamline USCIS immigration processes.  With online filings and the elimination of paper filings, USCIS employees can review and adjudicate applications from multiple locations.   USCIS ELIS will improve efficiency and reduce case processing time, and adds customer satisfaction such as, among other things, customer-friendly features of receiving notices and updating profile online.

Optional paper filings are still available especially for applicants without access to computers.

May 22, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as a legal or any advice, or an attorney-client relationship.

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Job Creation Via Part of Comprehensive Immigration Reform

President Obama and the White House are highly committed to revitalizing and energizing the United States’ economy such as improving the competitiveness of U.S. companies in the world market and stimulating job creation in the United States (USA).  In recognizing that most new jobs are created in start-ups and small businesses, on January 31, 2012, the White House announced its Startup America Initiative to promote high-growth entrepreneurship throughout the nation.

In recognizing that a full 25 percent of high-tech startups in USA were founded by immigrants leading to more than 200,000 jobs in USA, the US government is harmonizing its national security and economy as part of its commitment in Comprehensive Immigration Reform.  One of these efforts is to attract and retain highly-skilled foreign students and workers to stimulate and improve USA economy and USA international economic competitiveness, and thus job creation.

As one of the efforts in implementing Startup America Initiative, the U.S. Department of Homeland Security (DHS) announced on January 31, 2012 the following immigration reforms, one or more of which have already begun, to energize USA economy:

• Provide work authorization for spouses of certain H-1B holders.

This proposed change will enable employment authorization for H-4 dependent spouses of principal H-1B visa holders who have begun the immigration process of employment-based lawful permanent resident status after meeting a minimum period of H-1B status in the U.S.  This effort will help retain talented professionals who are valued by U.S. employers and who seek to contribute to our economy.

• Allow outstanding professors and researchers to present a broader scope of evidence of academic achievement.

This proposed change will broaden the types of evidence that employers can submit to demonstrate that a professor or researcher is among the very best in their field, thereby broadening “comparable evidence” beyond the specifically articulated regulatory list.

• Harmonize rules to allow E-3 visa holders from Australia and H-1B1 visa holders from Singapore and Chile to continue working with their current employer for up to 240 days while their petitions for extension of status are pending.

This proposed regulation would afford continuous employment authorization to E-3 from Australia and H-1B1 visa holders from Singapore and Chile for up to 240 days beyond the expiration of authorized stay, for timely filed pending extension petition.  This will harmonize E-2 and H-1B Chile and Singapore with other employment-based H-1B and L-1 visa holders.

• Launch Entrepreneurs in Residence initiative

In efforts to promote startup enterprises to further jump-start job creation, U.S. Citizenship and Immigration Services (USCIS) will be working with federal government agencies, entrepreneurs and academia to discuss strategies for maximizing immigration law to attract and harness talented entrepreneurial foreigners.

• Expand eligibility for 17-month extension of optional practical training (OPT) for F-1 international students to include students with a prior degree in Science, Technology, Engineering and Mathematics (STEM).

This proposed change will expand eligibility for extension of F-1 Student Status Optional Practical Training (OPT) by including students with a STEM degree that is not the most recent degree the student has received; and continuously reviewing emerging fields for possible inclusion in the list of eligible STEM degree programs.

• Allow for additional part-time study for spouses of F-1 students and expand the number of Designated School Officials (DSOs) at schools certified by DHS to enroll international students.

This proposed change would allow spouses of F-1 students to enroll in additional academic classes on a part-time basis while their spouse is pursuing full-time studies.  Presently, regulation stipulates spouses may only take part-time vocational or recreational classes.  Schools may also increase their Designated Student Officers (DSOs) to meet their students’ needs.

May 20, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as a legal or any advice, or an attorney-client relationship.

More News

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