Articles Posted in EB1

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a brand-new update regarding employment and family-based interview waivers during the Coronavirus pandemic. In addition, he discusses a recent trend being followed by the United States Citizenship and Immigration Services (USCIS).

Want to know more? Keep on watching for more information.

Overview

While no official policy or memorandum has been issued by USCIS regarding interview waivers, since at least May of this year, we have seen the agency use their broad discretionary power to waive the interview requirement for at least certain employment and family-based petitions, approving these cases without first scheduling an interview.

What does it mean for USCIS to “waive” the interview requirement?

In general, all adjustment of status applicants must attend an in-person interview at a USCIS field office where an immigration officer will verify whether the applicant understood the questions being asked on the green card application and evaluate whether the applicant qualifies for the immigration benefit requested. The interview is a good opportunity to correct any mistakes on the application form and resolve any issues in the underlying case.

In some instances, USCIS officers may “waive” this interview requirement if they find that it is unnecessary to interview the applicant. In situations where the officer “waives” the in-person interview, he or she relies only on the written evidence provided on the application to approve the applicant for U.S. residence (the green card).

Normally, USCIS uses its discretion to waive interviews for parents of U.S. citizens, unmarried children under 21 years of age of U.S. Citizens, unmarried children under 14 years of age of lawful permanent residents, asylees and refugees who were previously interviewed by a USCIS officer, and applicants who are clearly ineligible for the benefit they seek.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the newly released and much anticipated October 2020 visa bulletin. To hear about the availability of immigrant visa numbers for family based and employment-based preference categories for the month of October, keep on watching.

Overview

The release of the October 2020 visa bulletin has been much anticipated because the October visa bulletin kicks off the start of a brand-new fiscal year. The October visa bulletin is also important because it provides some insight into the availability of immigrant visa numbers, including visa numbers that have been unused as a result of the Coronavirus pandemic, the suspension of routine visa services at Embassies and Consulates worldwide, and the various presidential proclamations that have halted visa issuance for certain types of immigrants.

As some of you may have noticed, the October visa bulletin was released later than usual, most likely because the Department of State has been scrambling in light of Consular closures to review the data and provide accurate information regarding the number of visas available for each preference category.

Since the suspension of routine visa services at Consular posts worldwide, nearly 100,000 immigrant visa applicants have been unable to obtain their visas, creating a “rollover” of unused visa numbers for the benefit of employment-based preference categories.

Employment Based Categories – October 2020

In order to file for adjustment of status based on employment during the month of October (for applicants lawfully residing in the United States), employment-sponsored applicants must have a priority date that is earlier than the dated listed below for their preference category and country of nationality.

All applicants filing under employment-based preference categories must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2020.

Since Presidential Proclamations 10014 and 10052 have suspended the issuance of immigrant visas for most family-sponsored preference categories, we are seeing a rapid movement in the dates of most employment-based preference categories, because “unused” visas for the family-sponsored categories have shifted or “rolled over” to the employment-based categories as a result of these Proclamations.

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In this video, attorney Jacob Sapochnick discusses the 5 main ways to obtain permanent residence in the United States. Permanent residency allows a foreign national to live and work in the United States.

0:22 – 1. Family Based Immigration

0:56 -2. Employment Based Immigration

1:48 – 3. Investment Based Immigration – EB5

2:42 – 4. Diversity Green Card Lottery

3:26 – 5. Asylum and Special Immigrant Visas

Family-Based Sponsorship

The first and most common way to obtain a green card is through family based sponsorship where an immediate US Citizen relative files a petition for you the foreign national. There are generally 2 ways for a US Citizen to petition for an intending immigrant (1) file a petition with USCIS if the intending immigrant is residing inside of the United States, and entered the United States by lawful means through a U.S. port of entry and was properly inspected upon their entry or (2) if the intending immigrant resides outside of the United States, the beneficiary will need to go through consular processing to obtain an immigrant visa at a U.S. embassy or consular post abroad.

Certain extended family members (brothers and sisters) may also petition for a foreign national, however these visas are limited and subject to a waiting period according to the Visa Bulletin.

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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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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 first consultation please contact our office.

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In this segment, attorney Jacob Sapochnick Esq., explains why we do what we do at the Law Offices of Jacob J. Sapochnick. For more information about our office and the services we provide please click here.

Overview: 

Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.

You can express your interest, or schedule an appointment by emailing us at info@h1b.biz. We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.

Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.

Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.

To learn more about our dedicated staff members please click here.

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Want to know what’s new on the November Visa Bulletin? In this segment attorney Jacob J. Sapochnick discusses the new changes including the dual chart system, family-based preference categories, and EB visa updates for China, India, Mexico, Philippines.

https://soundcloud.com/askanimmigrationlawyer/ep-63-november-visa-bulletin

For more information on the Visa Bulletin click here.

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In this post attorney Jacob J. Sapochnick discusses the new changes to the October visa bulletin and how these changes can affect your family based or employment based petition.

The October 2015 Visa Bulletin from the U.S. Department of State shows a newly revised system of dual cutoff dates.

As of October, the visa bulletin contains a new, separate cutoff date chart for filing the application for adjustment (form I-485). The cutoff dates in the filing chart are much later than the final action cutoff date chart.

For example, the employment-based, second preference (EB2) for China’s cutoff date for filing in October is May 1, 2014, while the cutoff date for final action is January 1, 2012.

This is a HUGE change, effective as of October 1, 2015, and applies to both the employment-based and family-based categories.

For further questions please call our office.

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In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: What is the importance of Business Plans for E-visas and how can they improve an E-visa application?

https://soundcloud.com/askanimmigrationlawyer/ep-53-what-is-the-importance-of-business-plans

For further questions please call our office.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram. For more information please visit our website. 

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In this video Attorney Jacob J Sapochnick Esq., discusses potential visa pathways for foreign entrepreneurs. Non-immigrant visa pathways may allow foreign entrepreneurs to explore or start a new business in the United States. The immigrant visa pathways may allow foreign entrepreneurs who have already started or are about to start a new business in the United States to immigrate permanently to the United States.

For more information about visa options for entrepreneurs please contact our office.

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