Articles Posted in H1B Visas

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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 very exciting new update for E, L, and H-4 dependent spouses. USCIS has issued a new policy memorandum stating that the agency will automatically allow employment authorization for dependent E, L, and certain H-4 spouses of principal visa holders, without requiring spouses to file I-765 application for employment authorization to be eligible to work in the United States.

Keep on watching to find out more!

Overview

USCIS has now changed its policy to allow dependent E, L, and certain H-4 spouses to automatically qualify for employment authorization. The change came about after settlement of a lawsuit known as Shergill v. Mayorkas, No. 21-1296 (W.D. Wash.) filed against the government.

Pursuant to the settlement agreement reached with USCIS, E, L, and certain H-4 spouses will be eligible to work just by having their valid visas, and they will not need to file any separate applications nor need to apply for a separate employment authorization card (work permit) to seek employment in the United States.

Previously, USCIS required spouses of E, L, and H principal visa holders to apply for an employment authorization document (EAD) to lawfully work in the United States. Spouses were not granted employment authorization simply by having a valid visa in E, L, or H visa classification and were required to pay an additional filing fee of $410 to file the I-765 application for work authorization and wait for its approval.

Following the onset of the pandemic, USCIS began experiencing extreme delays and could no longer process I-765 applications for employment authorization in a timely fashion, taking in some cases 14 months or longer to issue EAD documents. Sadly, this resulted in job losses for many dependent spouses who were stuck waiting many many months to receive their EAD document to prove to their employers their eligibility to work in the United States.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares information about the current status of U.S. visa services at Consulates and Embassies worldwide by country for the month of August 2021. We would also like to say that our thoughts and prayers are with the people of Afghanistan who are facing extremely difficult circumstances in their country. Our office represents several immigrant visa applicants in Afghanistan and are doing everything we can to help reunite visa applicants with their loved ones in the United States.

In this blog post we will run through what we know regarding the operating status of Consulates and Embassies all over the world starting with Kabul, Afghanistan.

Keep on watching to find out more.

Overview

U.S. Consulate Kabul, Afghanistan

Due to ongoing political unrest and security threats in Kabul, Afghanistan, the U.S. Consulate in Kabul, Afghanistan is closed to the public and operations to assist U.S. Citizens are extremely limited due to reduced staffing.

At this moment we have received information that all immigrant visa applicants who had visa interview appointments at the Consulate in Kabul or were waiting to be scheduled for an interview in Kabul, will be receiving an email with instructions on how your case will proceed. Your case may be moved to a different overseas post, or you may receive instructions to complete the repatriation assistance form (details below).

As we all know, the security situation in Kabul is evolving on a daily basis. The Consulate has advised U.S. citizens seeking assistance to depart the country to complete the Repatriation Assistance Request for each traveler in their group. Spouses and minor children of U.S. citizens in Afghanistan who are awaiting immigrant visas are encouraged to complete this form as soon as possible if they wish to depart. The Repatriation Request form should only be used once to avoid delays. You must complete this form even if you’ve previously submitted your information to the U.S. Embassy in Kabul by another means. This form is the only way to communicate interest in flight options. The Consulate will notify you directly by email based on your registration as soon as departure options become available.

Eligibility Requirements:

  1. U.S. Citizenship:  The U.S. Embassy will prioritize U.S. citizens for any charter flights.   U.S. citizens with a non-citizen spouse or unmarried children (under age 21) may include their family members in their repatriation assistance requests but should indicate each family member’s citizenship and whether each has a valid passport and/or a U.S. visa.

If you are a non-U.S. citizen parent of a U.S. citizen minor, indicate whether you have appropriate travel documentation to enter the United States (i.e. valid U.S. visa). If you do not have appropriate travel documentation, please identify an individual who currently has valid travel documentation who could accompany your U.S. citizen minor.

U.S. lawful permanent residents may submit a repatriation assistance request, and their request will be considered depending on availability.

  1. Flight Costs: Repatriation flights are not free, and passengers will be required to sign a promissory loan agreement and may not be eligible to renew their U.S. passports until the loan is repaid.  The cost may be $2,000USD or more per person.
  2. Travel Documents:  All passengers should have valid travel documents required for entry into the United States (e.g. U.S. passports or visas)

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares his top 5 tips for making a smooth transition from F-1 student visa to H-1B worker visa.

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Top Tips: How to Transition From F-1 Student to H-1B Worker

This post is dedicated to F-1 students who are graduating from U.S. universities and are ready to become part of the American workforce.

Many F-1 visa students are fortunate enough to secure a job in the United States and H-1B visa sponsorship from a U.S. employer. If that sounds like you, this video will help you navigate the process and explain how you can make a smooth transition from F-1 student to H-1B worker in a specialty occupation.

What does this process look like and how can you make the transition?

USCIS statistics have proven that many beneficiaries of cap-subject H-1B visa petitions are actually F-1 students currently inside the United States. One of the most important factors in making a smooth transition from F-1 student to H-1B worker is to ensure that you are properly maintaining your F-1 visa status while studying in the United States.

How to Properly Maintain Your F-1 Student Visa Status

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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 National Visa Center (NVC) immigrant visa backlog and current NVC processing times in the month of June. Stay tuned for updates on the Department of State’s plan to reopen Embassies and Consulates worldwide, and information on how Consular posts will be prioritizing visa issuance in the next few months for F-1 students, H-1B workers, H-4 spouses, and J-1 Workers.

Want to know more? Keep on watching for all the details.

Overview

The National Visa Center’s Backlog

As many of you know, last year the Department of State made the difficult decision to temporarily suspend routine visa services at U.S. Embassies and Consular posts worldwide to prevent the rapid spread of the Coronavirus. The suspension was necessary to adhere to local regulations such as the mandatory quarantines and social distancing required to contain the virus. Although Embassies and Consulates are now following a phased resumption of visa services framework, limited resources and local country conditions in some regions have prevented Consular posts from providing routine visa services as before. Most Consular sections are not operating at normal capacity, and are prioritizing visa appointments for emergencies, mission critical visa services, and immediate relatives of U.S. Citizens including K fiancé(e)s.

On February 2, 2021, President Biden issued Executive Order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” which was designed to promote integration and inclusion for foreign born immigrants, including the dismantling of harmful anti-immigrant policies.

Despite the issuance of this Executive Order, Embassies and Consulates have not been able to return to normalcy and routine visa services have remained suspended. Consular officials are still refusing to issue visas for individuals that remain in the lower tier of immigrant visa prioritization, including family preference, employment preference, and diversity immigrant visa applicants. This has prompted hundreds of individuals to join numerous class action lawsuits to force the government to intervene.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new Presidential Proclamation passed by President Joe Biden, that temporarily restricts and suspends the entry of nonimmigrants into the United States, who were physically present within the Republic of India during the 14-day period preceding their entry or attempted entry into the United States.

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Overview

In response to the magnitude and high number of confirmed cases of COVID-19 in the Republic of India, the White House has made the decision to initiate a Regional COVID-19 related Presidential Proclamation, temporarily restricting and suspending the entry of nonimmigrants from the Republic of India into the United States. Those impacted will include any nonimmigrant who has been physically present within the Republic of India during the 14-day period preceding his or her entry or attempted entry into the United States.

As has been the case with previous COVID-19 Regional Presidential Proclamations, the following categories of nonimmigrants will NOT be impacted by this Proclamation:

Section 1 of this Presidential Proclamation does not apply to:

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick talks about President Biden’s newly signed executive orders on immigration and his administration’s new legislative bill.

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

Overview

On January 20, 2021, in his first day in office, President Biden signed a series of executive orders relating to immigration. In this video, attorney Jacob Sapochnick discusses what these executive orders will mean for you and what we may expect to see from the Biden administration in the months ahead with respect to comprehensive immigration reform.

Fact Sheet on Immigration

The Biden administration unveiled a brand new immigration reform bill entitled, the U.S. Citizenship Act of 2021, which proposes to overhaul the United States immigration system.

The bill includes a number of new reforms designed to streamline the immigration system and create a pathway to citizenship for undocumented immigrants. To become law, the bill must still pass both houses of Congress including the U.S. House of Representatives and the Senate.

These reforms are as follows:

  • Offers an 8-year path to citizenship for millions of people who were living in the United States unlawfully on Jan. 1, 2021. They would be eligible to apply for a green card after 5 years in a temporary status if they pass background checks and pay their taxes and could then apply for citizenship 3 years later.
  • Allows people with Deferred Action for Childhood Arrivals (DACA) protection, a group known as “Dreamers”, who were brought to the United States illegally as children, farmworkers and people with Temporary Protected Status to immediately apply for a green card if they meet specific requirements. They would have a 3-year path to citizenship.
  • Permits certain immigrants who were deported during the Trump administration and had previously lived in the United States for three years to return to reunite with family or for other humanitarian reasons.
  • Raises annual per-country limits on family-based immigration and eliminates them for employment visas.
  • Introduces changes to ease the U.S. citizenship application process.
  • Increases the diversity visa lottery program visa quota from 55,000 to 80,000.
  • Exempts spouses and children of green card holders from employment-based immigration quotas, expanding the number of green cards available to employment-based immigrants.
  • Scraps multi-year bars to re-entry for certain people who lived in the United States illegally and then left.
  • Clears family-based and employment-based visa backlogs.
  • Provides work permits to dependents of H-1B visa holders.
  • Authorizes regional processing centers in Central America to register and process people for refugee resettlement and other legal migration programs.
  • Authorizes funding for legal counsel for vulnerable populations of migrants, such as children.
  • Increases the number of immigration judges working in the court system.
  • Eliminates the 1-year filing deadline for asylum applications.
  • Changes the word “alien” to “noncitizen” in U.S. immigration laws.
  • Immigrants with approved family-sponsored petitions (I-130) can join family members on a temporary basis while they wait for their green cards to become available.
  • New immigration protections for widows and children of second World War veterans.

For more detailed information about the U.S. Citizenship Act of 2021 please click here.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video attorney Jacob Sapochnick provides an important update regarding upcoming changes to the H-1B lottery program for cap-subject petitions.

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

Overview

We have big news regarding new changes to the H-1B visa lottery program. On January 8, 2021, the Department of Homeland Security (DHS) published a final rule in the federal register entitled, “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” which will completely change the selection process for cap-subject H-1B petitions (for both regular cap and the advanced degree exemption) beginning March 9, 2021.

The purpose of the final rule is to modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to ensure H-1B visas are awarded only to the most highly skilled foreign workers according to a new wage level selection process.

It is important to note that these new changes will impact the upcoming H-1B FY 2022 visa registration cycle for cap-subject petitions, which begins in March. Transfer applications and renewals will not be impacted by this new rule.

According to the new rule, USCIS will no longer follow the randomized computer-generated selection process and will instead rely on a wage ranking system to select necessary registrations each fiscal year.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses what’s ahead for U.S. immigration law in 2021.

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

Overview

As we enter the Biden administration, many of our readers want to know what’s possible in the world of immigration law. What might President Biden do within his first 100 days in office and how might his decisions impact immigration?

We anticipate that U.S. immigration policies will experience an overhaul under the Biden administration beginning on January 20th when he takes office. His administration will likely focus on undoing many of the harmful and restrictive policies passed during the last four years by President Donald Trump. We believe that litigation will slowly die down as the need to challenge President Trump’s policies disappears.

Biden’s policies in general will favor the expansion of temporary work visas for highly skilled professionals which we believe will benefit U.S. companies seeking to hire more foreign talent.

Biden’s transition to the presidency will also have the likely effect of encouraging many families to begin working on their immigration processes to legalize their status in the United States.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses an important announcement made by the United States Citizenship and Immigration Services (USCIS) on July 31, 2020 regarding new increases in immigration filing fees for certain applications and petitions.

Stay tuned for more information.

Overview

What is the new announcement about?

USCIS recently announced that the agency will be increasing filing fees for certain applications and petitions in order to meet its operational costs. As many of you are aware, USCIS has been facing a serious financial crisis as a result of the Coronavirus pandemic. The substantial loss of revenue the agency has experienced has forced the agency to resort to a hike in filing fees that will be enforced beginning October 2nd.

Shortly after its announcement regarding the fee increases, USCIS published a final rule in the Federal Register explaining that the price increases are “ intended to ensure that USCIS has the resources it needs to provide adequate service to applicants and petitioners.”

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick shares the latest update regarding a new executive order that is soon to be released, that will temporarily suspend the entry of L-1, H-1B, H-2B, and J-1 non-immigrants for at least several months.

Keep on watching for more information.

Overview

Please note that the information we can provide is only preliminary in nature based on reports and rumors that have been circulating recently.

What will the order do?

The new executive order is rumored to propose a temporary suspension on the entry of individuals residing abroad who have an L-1, H-1B, H-2B, and J-1 petition approved, but don’t have a visa yet in their passports. The new executive order anticipates suspending the issuance of visas for these individuals for at least several months.

In addition, the executive order proposes a temporary suspension on the entry of those who already have an L-1, H-1B, H-2B, or J-1 visas in their passports, but have not yet traveled to the United States on their visa.

Will there be exceptions on who is impacted?

Yes. Like with previous executive orders there will likely be exceptions that will protect some categories of individuals from being impacted such as health care professionals, those working to mitigate the effects of COVID-19, and essential workers in food-related industries. Other exceptions may also be made but it is not yet clear what those exceptions could be.

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