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The current status is the H4 visa holders, spouses of H1B visas can not work. Why? This is the law.
The Department of Homeland Security proposes to amend its regulations by extending the availability of employment authorization to H-4 dependent spouses of principal H-1B non-immigrants who have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). Allowing the eligible class of H-4 dependent spouses to work encourages professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies.
Legislation is currently pending, the Bill is being reviewed and comments are processed. We will update you.
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Many immigrants are not well-informed on how to prepare themselves for the possibility of Immigration Reform and of an earned pathway to citizenship passing into law due to language and barriers and other challenges. Too often, desperate people seek information and help from unauthorized legal practitioners (aka notarios), and sometimes unscrupulous, immigration practitioners who may take advantage of immigrants for monetary gain.
We hope this video will help you get ready.
We suggest -
Undocumented immigrants must know English
Start collecting documents to prove U.S. presence
Wait until immigration reform passes to apply
Talk to a licensed Immigration Lawyer. if you or your relative have deportation orders, or have been deported, meet with an experienced immigration attorney, get your immigration files, and plan for reform now.
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This Video will answer the top three frequent asked questions by previous clients, which are "What is the visa waiting list?", "Why there is a preference category?" and "What is the current cut-off date for my visa category in my country?"
I. What is the visa waiting list?
The visa waiting list refers to those cases where the petition from the U.S. sponsor has been approved, but they still cannot proceed with processing because of statutory limits on the total number of visas and the per-country limits. According to the U.S. Department of State, the annual family sponsored preference categories are limited to 226,000 (Note: this excludes spouses, parents, and minor children of U.S. Citizens, who are the highest priority for immigration and are exempt from immigration caps). It is required by the Immigration and Naturalization Act that family sponsored visas be granted in the order that the eligible potential immigrants applied.
The length of time you must wait in line before receiving an immigrant visa or adjusting status depends on: 1) the demand for and supply of immigrant visa numbers; 2) the per country visa limitations; and 3) the number of visas allocated for your particular preference category. It is the policy concern based on a set of priorities for deciding who would be granted a visa.
Read more here: http://www.visalawyerblog.com/2013/02/priority_dates_how_visa_wait_t.html
This is a Bootleg Version of the "Politically Speaking" NBC weekend show. In this segment Jacob Sapochnick and San Diego's Chamber of Commerce President discuss the benefits of EB5 Regional Center investments in the region.
There are many advantages for business organizations that receive EB-5 Regional Center designation from the United States Citizenship and Immigration Services (USCIS). Becoming a Regional Center is an attractive way for a business project to raise low interest debt and in some situations equity. Raising capital via eb5 pilot program is quite unique as compared to traditional sources of funding and it is an ever evolving industry; the Eb-5 program started becoming more popular as lending became tougher in 2007. The requirements posed by the regulation creates guidelines and the Eb-5 market placed has created its own standards and norms over the past couple of years. Basically an evolution. Eb-5 is typically non-recourse which makes it attractive for certain developers or business owners. There are two ways of funding a project with Eb-5 Capital; a Direct Investment or a Regional Center. The Regional Center is more popular because the designation makes some USCIS requirements less stringent for EB-5 visa applicants. Regional Centers are held to more lenient job creation requirements than Direct EB-5 Investment which focuses on direct job creation. Rather than being required to create 10 direct fulltime jobs, Regional Centers can satisfy EB-5 job creation requirements by creating 10 direct, indirect, or induced fulltime jobs.
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Most H1B applicants assume that as long as they mail the cases on April 1, USCIS will consider it filed. Well we have some new clarifications from USCIS. U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year 2014 (FY 2014) cap on April 1, 2013. Cases will be considered accepted on the date that USCIS takes possession of the petition; not the date that the petition is postmarked. Make sure to have it sent by March 31, 2013 the latest to avoid any delays.
How do I get my LCA before April 1, 2013?
As you are unable to submit an LCA for certification to the DOL earlier than six months prior to the beginning date of the period of intended employment (20 CFR §655.730(b)), you must set your employment start date on the LCA prior to October 1, 2013, if you want to have an LCA in hand before the filing period for H-1B cap subject petitions begins on April 1, 2013. For example, you can file and have certified an LCA that has a start date of September 15, 2013. But remember that the LCA end date cannot be longer than 3 years from the start date, so in this example the end date would be September 15, 2013. Also remember to make sure to annotate your I-129 form with a start date of October 1, 2013, but with an expiration date that coincides with the expiration date of the LCA.
What if the U.S. Degree will not be awarded by 3/31/13?
The USCIS has approved H-1B petitions for foreign nationals who have earned degrees from U.S. institutions of higher education, where the foreign national has completed all requirements for the degree, and hence, has "earned" the degree, but the degree has not been conferred. You must submit evidence that the foreign national has completed all requirements for the degree from an official at the school who is qualified to provide that information (e.g. Dean, Registrar or Department head). Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a degree, when in fact there are still examinations or papers to complete. Be mindful that use of such documentation when the student has not completed the program may be considered fraud and such a document may result in the case being denied on the basis of ineligibility at the time of filing.
Can multiple identical petitions be filed for the same foreign national?
The USCIS will either deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund filing fees for duplicative or multiple H-1B petitions. The rules does not prevent related employers (such as a parent company and its subsidiary) from filing petitions on behalf of the same foreign national for different positions, based on legitimate business need. Members are reminded to include evidence and/or an explanation in each filing to demonstrate why the filing is not a duplicate.
Filing Tips with the kind sharing of Laurel Scott, Esq:
1. The first thing the form asks for is an alien number. Most applicants won't have an alien number unless they've been placed in proceedings. If you're unsure, look at the I-130 approval notice. If the alien has an alien number, it is usually above the alien's name.
2. For question 2, if the applicant does not have a Valid social that actually belongs to him/her, leave blank. If the applicant was ever issued a Valid social - e.g. as a child or when in lawful status - that social still belongs to the applicant even if he/she goes out of status, and should be listed on the form.
3. Part 2, question 1. If you've re-filed your I-130, use the most recent receipt number. For question 4, use the NVC case number associated with the most recent I-130. If you re-filed, you have to wait for the new I-130 to be approved.
4. Part 2, question 5. The answer should always be 'no'. If the answer is 'yes', you're not eligible. If you re-filed the I-130 and the new one hasn't been sent to the consulate, then your answer is 'no', even if the old was was scheduled.
5. Parts 4 and 5. Don't try to write your 'letters' or 'briefs' in that space. The instructions say you can write "see attached".
6. Page 2 of the instructions solves the problem of leaving while the case is administratively closed. The instructions say that if you are in proceedings and get the provisional waiver approved, approach EOIR about getting proceedings terminated (not just administratively closed) before you depart.
7. Don't forget to include a copy of the NVC IV Bill receipt and the I-130 approval notice. If you don't have the I-130 approval notice, they will accept a copy of the online case status showing the case was approved.
8. The instructions say they will accept photocopies of items. IMHO they still want original letters, but they want to be clear that they are not sending you anything back, so don't ask.
9. Checks will be processed electronically so if you want your payment to have the receipt number on the back as a secondary way of getting your case number (in case receipt notice doesn't arrive), I recommend using a money order.
The new provisional unlawful presence waiver process is for certain individuals who seek a waiver of inadmissibility only for unlawful presence. They can now apply for a provisional unlawful presence waiver while in the United States and before departing for their immigrant visa interview at a U.S. Embassy or Consulate abroad. Learn more in this Video.
Every year some 900,000 people become U.S. citizens at naturalization ceremonies across the country.
By taking the Oath of Allegiance new citizens pledge to be faithful to the Constitution and to serve their new country when needed. In exchange they will enjoy many of the benefits and privileges of being a United States citizen.
The Right to Vote
A Chance to Reunite Families
A Way to Protect your Children's Right to Remain in the U.S.
Protection in Cases Involving Illegal Activity
International Travel Made Easier
Being a citizen of the United States provides many privileges. Voting in elections is one such privilege. New citizens are expected to participate in elections and to adhere to the principles of tolerance and understanding towards differing points of view, which is the philosophical basis of the system of government of the United States.
New laws could be passed that adversely affect your rights as a permanent resident. As a citizen if you are charged of a crime, even a non-serious one, you possess many protected rights. U.S. Citizenship and Immigration Services and the Immigration Courts have the jurisdiction to remove (or deport) permanent residents who are charged with such crimes. A U.S. citizen's right to remain in the United States cannot be taken away.
The federal government is one of the biggest employers in the world and offers many job opportunities in a wide range of industries. Job openings are published on USA Jobs.gov. However, the majority of federal jobs require that the applicant be a U.S. citizen.
Finally, the pride of being an American is one that goes a long way. What are you waiting for, go and apply!!
If you are considering a fake, or sham, marriage as a means of getting U.S. lawful permanent residence (a green card), you must know that what you are planning is illegal.
A sham marriage is one that is entered into in order to get around the U.S. immigration laws.
The U.S. government will not normally follow a couple around or investigate their life beyond the required paperwork and the interviews it always conducts. But it has the power to do so if it sees grounds for suspicion.
Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both (I.N.A. § 275(c); 8 U.S.C. § 1325(c)).
In this Video we discuss the often asked question: How much money do I need in order to obtain an E2 Visa?
There is no set standard in the law about the minimum amount of money that must be invested in order to qualify for an E-2 visa. It is a reality that the closer the investment approaches $100,000 or so, the more chances to get the E-2 case approved, but that really depends on whether a new business is being started or an existing business purchased. If it is a purchased business, they will look at past numbers to determine the amount needed. That does not mean, however, that investments of less than $150,000 cannot qualify someone for an E-2 visa. We have seen cases where applicants obtained visas with 50,000 or so. It really depends on the Business,location, and Business Plan outline.
Any person who has ever been ordered removed (or has resided in the U.S. unlawfully for more than 1 year in the aggregate), leaves the United States, and then returns or attempts to return without being lawfully admitted, must remain outside the U.S. for 10 years before being able to re-apply for an immigration benefit or re-entry. This law was not in effect until April 1, 1997.
Such applicants are not eligible for the New I-601A waiver. This is because the waiver is designed to cure one entry and illegal stay in the US, not a re entry. There is no waiver for re entry.
In DACA cases, we need to analyze the period of time the applicant departed from the US to see if there any exceptions. Always consult a qualified lawyer to determine your eligibility.
Our office has extensive experience assisting the clients in filing H-1B petitions. We also help the clients consider their options if the case is denied. Below is an example of the H-1B case that got approved even after the denial was issued.
Filing a motion to reopen is only one of the options. There are other options that may be available to you considering the circumstances of your case. If you have any questions regarding filing a motion to reopen or require additional information, do not hesitate to contact our office. Watch this Video for more information.