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USCIS Procedures on Immigration Help for Those Affected by Hurricane Irma

Tiyalaw — Thu, 14 Sep 2017 18:00:02 +0000

USCIS Procedures on Immigration Help for Those Affected by Hurricane Irma

On September 13, 2017, U.S. Citizenship and Immigration Services (USCIS) announced detailed immigration services to help people affected by unforeseen circumstances/disaster. Specifically, USCIS provided an example as those affected by Hurricane Irma. This USCIS clarification is important because such immigration services are highly discretionary. This detailed announcement on September 13, 2017 is in addition to its September 12, 2017 confirmation on immigration help for Hurricane Irma victims. See https://immigrationresource.net/uscis-announced-immigration-help-for-those-affected-by-hurricane-irma/

While Hurricane Irma has caused serious damages in many parts of Florida, U.S. is still recovering from the aftermath of recent Hurricane Harvey in Texas. Previously, on August 30, 2017, USCIS announced the same discretionary temporary reliefs to individuals impacted by Hurricane Harvey.

Immigration help for these individuals are given on a case-by-case basis upon request. Applicant must include an explanation on how the impact of Hurricane Irma has caused 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;
Expediting processing of advance parole;
Expediting adjudication of requests for off-campus employment authorization based on severe economic hardship for F-1 students;
Expediting adjudication of employment authorization applications, where applicable;
Considering fee waivers due to an inability to pay;
Assisting those with a Request for Evidence or a Notice of Intent to Deny who were unable to submit evidence or respond timely;
Assisting those who are unable to appear for a USCIS scheduled interview;
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.

September 13, 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.

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U.S. Supreme Court Decision: Blocking Continues on President Obama’s DAPA and Expanded DACA

Tiyalaw — Thu, 23 Jun 2016 14:26:21 +0000

U.S. Supreme Court Decision: Blocking Continues on President Obama’s DAPA and Expanded DACA

DAPA AND EXPANDED DACA UPDATES

The fate of DAPA and expanded DACA has now been decided when the U.S. Supreme Court renders its 4-4 decision this morning in United States v. Texas. This means the 5^th Circuit’s court decision upholding an injunction to prevent the implementation of DAPA and Expanded DACA will remain. The original DACA, already implemented, is unaffected by the decision and will continue.

U.S. President Barrack Obama announced important executive actions on November 20, 2014, such as DAPA and expanded DACA. The implementations of DAPA and expanded DACA have been on hold since February 2015 due to a preliminary injunction, supported by 26 states.

WHAT IS DAPA?

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must also have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants would have been able to apply for DAPA around May 19, 2015, if it was not blocked by the preliminary injunction.

WHAT IS EXPANDED DACA?

The executive actions were also expanding DACA eligibility. DACA is Deferred Action for Childhood Arrivals. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those residing in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants would have been able to apply for this expanded DACA around February 18, 2015, if it was not blocked by the preliminary injunction. The U.S. Citizenship and Immigration Services (USCIS) had previously approved work permit/work authorization for 3 years for certain applications for DACA extensions.

WHEN CAN ONE APPLY FOR DAPA AND EXPANDED DACA?

DAPA and expanded DACA are still blocked by an ongoing injunction. Eligible applicants may still apply for the original DACA (instead of the expanded DACA). In February 2015, with the support of 25 other states, a federal District Court in Texas issued a preliminary injunction blocking the implementation of DAPA and expanded DACA. After the 5^th Circuit Court of Appeals affirming the preliminary injunction, the U.S. government (President Obama) requested a U.S. Supreme Court review so that the U.S. federal government may proceed with DAPA and expanded DACA. On January 19, 2016, the U.S. Supreme Court agreed to review the case. This morning, the U.S. Supreme Court issued a 4-4 decision which means the injunction blocking DAPA and expanded DACA continues; and the U.S. federal government cannot move forward with DAPA and expanded DACA.

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 & 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, 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. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our 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 (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 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; Lexecutive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; 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; National Visa Centers; filing cases with USCIS; filing cases withU.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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Expedited U.S. Citizenship for Certain U.S. Military Members & Their Families

Tiyalaw — Tue, 17 May 2016 21:39:16 +0000

Expedited U.S. Citizenship for Certain U.S. Military Members & Their Families

Under special immigration law provisions, members and certain veterans of the U.S. armed forces and their dependents (spouses and children) may be eligible for U.S. citizenship including expedited and overseas processing. Certain general naturalization requirements may be waived or diminished. Among meeting other requirements, a military-service applicant may apply for naturalization having served honorably in active-duty status, or as a member of the Selected Reserve of the Ready Reserve for any amount of time during a designated period of hostilities; and have been separated honorably if separated from the U.S. armed forces. Other military-service members who have served honorably in the U.S. armed forces at any time may apply for naturalization upon meeting certain requirements.

Additionally, it is possible for posthumous naturalization (naturalization after death) if the individual served honorably in the US. Armed forces, and died due to injury or disease incurred while serving in an active duty status during specified periods of military hostilities.

Normally, individuals of U.S. armed forces and military services that qualify for the citizenship provisions above are in the U.S. Army, Navy, Air Force, Marine Corps, Coast Guards, and certain components of the National Guard, and the Selected Reserve of the Ready Reserve.

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 & 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, 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. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting: extraordinary ability; national interest waiver; PERM with U.S. 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 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; 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; National Visa Centers; filing cases with USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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Immigration to Begin Premium Processing of H-1B Cap Petitions on May 12, 2016

Tiyalaw — Sat, 23 Apr 2016 02:04:23 +0000

Immigration to Begin Premium Processing of H-1B Cap Petitions on May 12, 2016

H-1B Annual Work Visa Cap

On May 12, 2016, USCIS will begin premium processing of H-1B Cap Petitions selected in the lottery system. For H-1B Cap Petitions or eligible cases under premium processing, USCIS will adjudicate the case within 15 calendar days.

On April 1, 2016, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2017 fiscal year (FY), and the 20,000 exemption for H-1B under the U.S. advanced degree. On April 7, 2016, USCIS announced it had received more than sufficient H-1B Cap Petitions to meet the cap.

USCIS received over 236,000 H-1B Cap Petitions described above. On April 9, 2016, USCIS started its computer-generated random selection process (lottery system) and the selection is now complete.

Those under U.S. advanced degree not selected within the 20,000 visa numbers will be processed under random selection or lottery for the 65,000 limit. All H-1B Cap Petitions above not selected in the lottery system will be returned with their filing fees. The filing fees for any H-1B Cap Petitions above with duplicate filings will not be returned.

What is an H-1B?

H-1B petitions are temporary work visas for specialty occupations. They are for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations. Each case depends on the position’s overall circumstances, necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Not all H-1B petitions are subject to the annual visa cap or quota. It depends on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers. Certain employers are cap exempt.

Duration of H-1B

In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

H-1Bs Not Selected or Filed When All H-1B Visa Numbers Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2017 H-1B visa quota (October 1, 2016 employment start-date) have the options to have their H-1B cap petitions submitted or resubmitted to reach USCIS on April 1, 2017 (with an October 1, 2017 employment start-date) for the 2018 Fiscal Year H-1B visa cap/quota. They can also consider other immigration options such as other nonimmigrant status, work permit, and self-petition green card filings, if eligible.

Need help with green card, work visas, work permit, 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. Our clients are based within the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. Some of our cases 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 or child 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; 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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US Immigration Completes its Random Selection Process for 2017 H-1B Cap

Tiyalaw — Wed, 13 Apr 2016 01:03:51 +0000

US Immigration Completes its Random Selection Process for 2017 H-1B Cap

H-1B Annual Work Visa Cap

USCIS received over 236,000 H-1B Cap Petitions described above. On April 9, 2016, USCIS started its computer-generated random selection process (lottery system) and the selection is now complete.

USCIS plans to process the above H-1B Cap Petitions selected in the lottery system no later than May 16, 2016. However, in prior H-1B cap-seasons, USCIS began premium processing for selected H-1B Cap cases a few weeks after April 1.

What is an H-1B?

Some H-1Bs Are Not Subject to H-1B Cap or Quota

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Visa Numbers Are Used Up

Need help with green card, work visas, work permit, 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. Our clients are based within the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. Some of our cases 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 or child 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; 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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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

Tiyalaw — Wed, 21 Jan 2015 22:13:37 +0000

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:

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.]
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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In the U.S. Illegally? Need to fix U.S. Immigration Status? Consider Applying for DAPA Around May 19, 2015 or Expanded DACA February 18, 2015.

Tiyalaw — Fri, 16 Jan 2015 16:03:36 +0000

In the U.S. Illegally? Need to fix U.S. Immigration Status? Consider Applying for DAPA Around May 19, 2015 or Expanded DACA February 18, 2015.

The President announced several executive actions on November 20, 2014.

Parents without immigration status or who are illegally present in the U.S. (undocumented parents) of U.S. citizens or green card holders may request deferred action from removal or deportation under DAPA. They can also apply for a 3-year work permit (employment authorization document/EAD). DAPA stands for Deferred Action for Parental Accountability Program. They must have no immigration status on November 20, 2014. They must be parents of U.S. citizens or lawful permanent residents/green card sons or daughters born on or before November 20, 2014. Among other things, such parents must also have been continuously living in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants should be able to apply for DAPA around May 19, 2015.

Additionally, the executive actions are expanding the categories of people who are illegally present in the U.S. (undocumented individuals) who may apply for provisional waivers. Provisional waiver is a process for an eligible applicant to apply for approval of waiver of certain time bar prior to leaving the U.S. for immigrant-visa or green card consular processing. The waiver is for time bar that would have been triggered by departing the U.S. after having been illegally present for a certain period in the U.S. (unlawful presence). The expanded provisional waiver is including those who have lived in the U.S. for at least 180 days; and who are spouses, or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

The executive actions are also expanding DACA eligibility. DACA means Deferred Action for Childhood Arrivals. DACA applies to certain individuals who has no immigration status or are illegally in the U.S., and who arrived in the U.S. as a child (before 16 years old). Eligible DACA applicants may apply for deferred action from deportation or removal, and apply for work permit. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those living in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants should be able to apply for this expanded DACA around February 18, 2015. The U.S. Citizenship and Immigration Services (USCIS) is already approving work permit/work authorization for 3 years for certain applications for DACA extensions.

These recent executive actions are not yet effective. Individuals cannot yet apply for DAPA deferred actions or expanded DACA deferred actions until the anticipated dates above.

The government will provide guidelines in the coming months. The guidelines may provide additional criteria and further outlining eligibility. Please stay tune and sign up for our eNews for future updates.

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

Need help with green card, work visa, work permit, illegal immigration status, sponsoring family, sponsoring employee, sponsoring relative, hardship waiver, and marriage waiver? Need help with filings to or cases at USCIS, Department of Labor (DOL), 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 to, 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; E treaty investors or traders for business owners; new, start-up businesses; B-1 business visitor to the U.S. for business or legitimate activities; B-2 tourist visiting the U.S. for holiday; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Center; 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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Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

Tiyalaw — Tue, 23 Dec 2014 16:02:47 +0000

Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014.

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must also have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants should be able to apply for DAPA around May 19, 2015.

Additionally, the executive actions are expanding the categories of undocumented individuals who may apply for provisional waivers. Provisional waiver is a process for an eligible applicant to apply for approval of waiver of certain time bar prior to departing the U.S. for immigrant-visa consular processing. The waiver is for time bar that would have been triggered by by departing the U.S. after having certain period of unlawful presence in the U.S. The expanded provisional waiver is including those who have resided in the U.S. for at least 180 days; and who are spouses, or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

The executive actions are also expanding DACA eligibility. DACA is Deferred Action for Childhood Arrivals. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those residing in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants should be able to apply for this expanded DACA around February 18, 2015. The U.S. Citizenship and Immigration Services (USCIS) is already approving work permit/work authorization for 3 years for certain applications for DACA extensions.

These recent executive actions have not yet been implemented. Applications based on these new executive actions cannot be filed at this time until the anticipated dates above. The government will provide guidelines in the coming months. The guidelines may provide additional criteria. Please stay tune and sign up for our eNews for future updates.

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

We represent employers, companies, and individuals and families in green card, citizenship/naturalization, and work visa matters in U.S. Immigration & Nationality Law. We also have a focus on naturalization and green card cases such as extraordinary ability, national interest waiver, PERM, family, and waiver cases. Additionally, we focus on temporary visas such as work visas, family visas, nonimmigrant visas, and waiver matters.

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USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015

Tiyalaw — Wed, 17 Dec 2014 00:44:35 +0000

USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015

H-1B Annual Work Visa Cap

On April 1, 2015, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2015 fiscal year (FY), and the 20, 000 exemption for H-1B under the U.S. advanced degree.

In April 2014, the USCIS received many more petitions than the visa quota. As such, the USCIS selected cases based on random selection process (lottery). On April 7, 2014, USCIS had received 172,500 H-1B Cap Petitions. The USCIS finished its computer-generated random selection process (lottery) on April 10, 2014. Those under U.S. advanced degree not selected within the 20,000 visa numbers was processed under random selection for the 65,000 limit.

What is an H-1B?

H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S.

Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card), and then U.S. citizenship.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of circumstances.

Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap

Not all H-1B petitions are subject to annual visa cap, depending on the types of H-1B petition being filed, or the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers.

Duration of H-1B

H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2016 H-1B visa quota (October 1 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2016 (October 1, 2016 employment start-date or later) for the Fiscal Year 2017 H-1B visa quota. They can also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

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

We represent employers, companies, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; and work visas, family visas, nonimmigrant, and waiver matters.

More News

New Executive Actions on U.S.A. Immigration

Tiyalaw — Thu, 20 Nov 2014 17:00:35 +0000

New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014.

Undocumented parents of U.S. citizens and lawful permanent residents may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents born on or before November 20, 2014. Among other things, such parents must have been continuously residing in the U.S. since January 1, 2010; and must have passed the required background checks.

The executive action is expanding the categories of undocumented individuals who may apply for provisional waivers. It is including those who have resided in the U.S. for at least 180 days; and who are spouses or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

These executive actions have not been implemented yet. The government will provide guidelines in the coming months. The guidelines may provide for additional criteria. Please stay tune and sign up for our eNewsletter for future updates.

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