Articles Posted in AskMyLawyer TV

In this Facebook live stream, immigration attorneys Jacob J. Sapochnick and Laurel Scott discuss the impact of the President’s Executive Orders, the Ninth Circuit’s refusal to reinstate the travel and refugee ban, and what the future of immigration looks like from here. Don’t forget to like our Facebook page to join in on future Live streams.

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Saturday, February 11, 2017

By federal court order, the Ninth Circuit Court of Appeals, has decided that it will not reinstate President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States.” This means that the President’s 90-day travel ban of foreign nationals from seven Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) will no longer be enforced, as well as the 120-day suspension of the U.S. Refugee Admissions Program barring Syrians from seeking refugee admission to the United States. The government is likely to appeal the Ninth Circuit’s decision to the United States Supreme Court or seek a ruling “en banc.”

The Department of Homeland Security and Customs and Border Protection released the following statement, “In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States. This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.” This means that the Executive Order will no longer bar the entry of immigrant and non-immigrant travelers from the seven Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) until a Court rules otherwise. 

The United States Citizenship and Immigration Services issued a statement confirming that USCIS will continue to adjudicate and process applications and petitions filed for or on behalf of individuals in the United States, as well as applications and petitions for individuals outside of the United States, and applications for adjustment of status to permanent residence, irrespective of the beneficiary’s country of nationality. 

For more information about these executive orders please contact our office. Remember to follow us on FacebookYoutubeTwitter, and Instagram 

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In this Facebook live stream, attorney Jacob J. Sapochnick discusses the legal significance of the Temporary Restraining Order (“TRO”) issued Friday, February 3, 2017, by a federal judge from the Western District of Washington. The TRO has temporarily suspended all provisions of  the President’s Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” nationwide. This means that the travel ban on foreign nationals from the 7 Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) has been suspended, and the U.S. Refugee Admissions Program has been reinstated. For more information please keep watching.

Travel Ban Blocked by Federal Judge: update Live discussion

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Friday, February 3, 2017

In his ruling, Judge Robart stated that after hearing arguments, the States adequately demonstrated that they have suffered immediate and irreparable harm because of the signing and implementation of the order, and that granting a TRO would be in the public interest. In addition he stated “the Executive Order adversely affects the States’ residents in areas of employment, education, business, family relations, and freedom to travel. These harms extend to the States. . . are significant and ongoing.” A three-judge panel from the Ninth Court Court of Appeals is expected to issue a final ruling on the Executive Order tomorrow.

Since issuance of the TRO, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States,” including “actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.”

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In this video, attorney Jacob J. Sapochnick discusses the Final International Entrepreneur Rule recently published by USCIS effective July 17, 2017. Approximately 2,940 foreign entrepreneurs are set to benefit from the new rule on an annual basis beginning July 17.

What will it do?

The rule will make it easier for eligible start-up entrepreneurs to obtain temporary permission to enter the United States for a period of 30 months, or 2.5 years, through a process known as “parole,” for the purpose of starting or scaling their start-up business enterprise in the United States. The decision about whether to “parole” a foreign entrepreneur under this rule will be a discretionary determination made by the Secretary of Homeland Security on a case-by-case basis (INA Section 212(d)(5), 8 U.S.C. 1182(d)(5)).

“Parole” will be granted to eligible entrepreneurs who can demonstrate that their company’s business operations are of significant public benefit to the United States by providing evidence of substantial and demonstrated potential for rapid business growth and job creation. Such demonstrated potential for rapid growth and job creation may be evidenced by: (1) significant capital investment from U.S. investors with established records of successful investments or (2) attainment of significant awards or grants from certain Federal, State, or local government entities.

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The H1-B visa season is fast approaching. In this video, Attorney Ekaterina Powell, Esq.,  shares our top tips on how to prepare for the H-1B visa lottery and the eligibility requirements for this popular visa.

To read more about the H-1B visa please read our H-1B guide.

For more information and eligibility questions please contact our office.  Remember to follow us on FacebookYoutubeTwitter, and Instagram 

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In this video attorney Jacob J. Sapochnick discusses the new decision in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) handed down by the USCIS Administrative Appeals Office (AAO) which has changed the analytical framework for determining eligibility of national interest waivers. This new decision will affect foreign nationals who are pursuing a green card based on employment in the EB-2 category, and who are eligible for a “national interest waiver.”

The new decision reached in Dhanasar, will invalidate and replace the three prong-test established in the prior AAO landmark decision reached in Matter of New York State Department of Transportation (NYSDoT), a case which governed the adjudication of national interest waivers since 1998.

The new three-prong test established by Matter of Dhanasar is a more flexible standard that will allow a broader population of foreign nationals in the EB-2 category to qualify for the discretionary national interest waiver. Under the new test, the EB-2 petitioner must meet all criteria established by the new test by a preponderance of the evidence. USCIS must determine whether on the whole the petitioner demonstrated by strong evidence that the requirements for the discretionary waiver were met.

The NEW three prong-test established by Matter of Dhanasar is as follows:

  1. The foreign national’s proposed endeavor must have both substantial merit and national importance. Dhanasar indicates that under this first criterion, a wide number of employment fields may qualify for a discretionary waiver such as: business, entrepreneurialism, science, technology, culture, health and education.  Dhanasar does not require that the petitioner show that the endeavor will bring immediate or quantifiable economic benefit to the United States. Providing such evidence however may help meet the preponderance of the evidence standard to the petitioner’s benefit.  Under this criterion, the petitioner is still required to show that the proposed endeavor has “national importance,” or is “national in scope” as in Matter of New York State Department of Transportation. Endeavors that may be considered as being national in scope are those that have a significant potential impact for job creation or substantial potential for economic growth, and which are focused in an “economically depressed area” such as an area of unemployment, or economically disadvantaged region.
  1. The foreign national must be well positioned to advance the proposed endeavor.This criterion will be analyzed by assessing the foreign national’s education, skills, knowledge and proven record of success in related or similar efforts. Other ways in which this prong can be proven is by providing a model, diagram, or plan for future activities, evidence of progress in reaching the endeavor, and evidence demonstrating interested stakeholders. The petitioner does not need to assess whether the endeavor will succeed.
  1. On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements of the EB-2 category. In assessing this prong, the endeavor’s importance will be weighed against the national interest and be based upon the overall benefit the United States will receive from the foreign national’s contributions. USCIS may also consider other factors to determine whether granting the discretionary waiver would be beneficial to the United States taking into consideration whether there are any qualified U.S. workers who can undertake the endeavor, and whether there is a sufficient national interest to justify a waiver of the job offer and labor certification requirement.

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If you have questions about this new decision contact us for a free consultation.

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Attorney Charles Ward has been a long time attorney at the Law Offices of Jacob J. Sapochnick. Charles received his Doctorate in Jurisprudence from Southern Methodist University graduating Cum Laude. He has been a California licensed attorney since 1997 and is also licensed to practice before the Federal Court system. His area of expertise includes Immigration and Family Law. Charles Ward is a stand-out member of our team and is known for his professionalism, compassion, infectious laughter, and colorful personality.

At the Law Offices of Jacob J. Sapochnick Charles handles cases that are in removal proceedings, including Asylum, Adjustment of Status, and Voluntary Departure. Mr. Ward also helps clients prepare for courtroom hearings, trials, green card interviews, fraud interviews, citizenship interviews, and much more. Mr. Ward is an active member of the San Diego County Bar Association and served as President of the “Small Firms & Solo Practitioners” section.

Outside of the office, Charles enjoys swimming in the ocean, hiking, traveling, and going to sporting events.

To learn more about the dedicated staff members serving and supporting our clients here.

To schedule a free consultation please contact us.

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It is our pleasure to introduce you to our talented senior paralegal Linda Parrish. Linda Parrish is the senior paralegal for immigration and corporate matters at our law office. Altogether, she has more than 20 years experience in the legal field and brings an amazing amount of knowledge and expertise to our firm. She focuses on  company formations, E2 and L1 visas as well as PERM Green Card cases.

Linda has been working with the Law Offices of Jacob J. Sapochnick since 2005.  Linda has extensive knowledge of all aspects of immigration law, though her specialty lies in assisting investors, executives, and corporate clients to meet their immigration needs. She is also our resident Notary Public. Linda Parrish is an asset to our team for her expertise, kindness, and for the invaluable contributions she has made to our firm.

Mrs. Parrish is married, has four adult children and several grandchildren. In her spare time, she enjoys quilting and crocheting.

For read more about our team please click here.

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In this video, attorney Jacob J. Sapochnick discusses the all new BRIDGE and SAFE Act; two pieces of legislation that have been introduced before Congress. For more information just keep on watching.

Immigration Update: BRIDGE Act to protect Immigrants and ask your questions ..

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Friday, December 16, 2016

Overview: 

On December 9, 2016 Senator Graham and other Senators introduced the “Bar Removal of Individuals who Dream and Grow our Economy” (BRIDGE) act which will give current DACA holders “provisional protected presence” for a three year period, as well as undocumented persons who are eligible for the program, but who have not yet applied. The BRIDGE act is designed to protect “Dreamers” (recipients of DACA) from deportation, and allow them to keep the temporary employment authorization (EAD) they currently possess. The introduction of the BRIDGE act signals that we may not be seeing the end of the DACA program after all.

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It is our pleasure to introduce you to Associate Attorney Yingfei Zhou, Esq who joined our firm in 2012. Attorney Zhou is an active member of the California State Bar, the New York State Bar, and the American Immigration Lawyers Association (AILA). She is fluent in Mandarin.

Overview: 

Ms. Zhou practices primarily on employment-based and investment-based immigration law. She has experience in various aspects of business immigration, including employment-based permanent residence and nonimmigrant visas, as well as marriage-based immigration and citizenship matters. Specifically, she has provided counsel to clients in relation to employment in specialty occupation, nonimmigrant NAFTA professional visa, individuals with extraordinary ability and achievements, nonimmigrant trainee or special education exchange visitor visa, religious worker visa, E-2 treaty investor visa, waivers, applications for adjustment of status, employment certification (PERM) applications, motion to reopen/reconsider, re-entry permit, visa interviews, as well as extensive EB-5 investment immigration work.

Ms. Zhou received her Bachelor’s degree in Law (LL.B) from Zhejiang University, one of the top universities in China. She graduated with distinguished honor awarded by the Department of Education of Zhejiang Province and was editor-in-chief of law review of her law school in China. She subsequently attended Thomas Jefferson School of Law in San Diego, CA and obtained her Master’s degree in Law (LL.M.). Prior to joining the Law Offices of Jacob J. Sapochnick, Ms. Zhou practiced law in China for two years.

To schedule a free first consultation please contact our office.

To learn more about our experienced staff please click here.

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In this Facebook live stream, attorney Jacob J. Sapochnick discusses your frequently asked immigration questions and the rights of undocumented persons in the United States. For more information just keep on watching.

https://www.facebook.com/myimmigrationlawyer/videos/10154749393693766/

Overview: 

In this live stream, attorney Jacob J. Sapochnick, discusses the following topics:

  • How the Deportation Process Works
  • Rights of undocumented persons
  • What to do if immigration officials show up at your doorstep requesting legal documentation
  • Should you allow immigration officials in your home
  • Precautions and Preparation Tips when visited by Immigration Officials
  • Visa Status Revocations and Visa Cancellations: Myth or Fact?
  • Processing times on the Visa Bulletin
  • Procedure for Applying for an Immigration Visa
  • Why the F4 Category is taking so long and more!

To learn more about our office and the services we offer please visit our website.

Like our Facebook page in order to ask your immigration questions during our next live stream.

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