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Articles Posted in Non immigrant Visas

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides new updates regarding previously planned furloughs by the United States Citizenship Immigration Services (USCIS) as well as the expansion of interview waiver eligibility for certain visa applications at United States Embassies and Consulates Worldwide.

For more information on these important topics please keep on watching.


Overview


USCIS Cancels Planned Furloughs

We have great news for our readers. Recently, USCIS announced that it will cancel the agency’s planned furlough of more than 13,000 employees, which was scheduled to take place on August 30, 2020, to help the agency meet its budget quotas and ensure operational capacity.

On August 25th USCIS made the announcement stating that as of now the agency is able to maintain its operations through the end of fiscal year 2020.

What does this mean for applicants?

While the cancellation of these planned furloughs is certainly good news for the American workforce, USCIS has made clear that delays will continue for the foreseeable future, including an increase in backlogs and wait times across the board. USCIS has specifically stated that there is no guarantee that the agency can avoid future furloughs. The only mechanism that will safeguard operations is additional funding from Congress to help the agency meet its operational costs through fiscal year 2021

According to USCIS, the agency has cut costs by reducing the need to work with outside contractors who have in the past assisted USCIS adjudicators to process and prepare case files, and provide support to the agency. Of course, without this additional assistance, delays will continue to be expected.

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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 a recent ruling that brings back the “public charge,” rule. On August 12, a panel of three judges from the U.S. Court of Appeals for the Second Circuit issued a ruling invalidating a previous nationwide injunction issued by a lower court judge that temporarily blocked the government from enforcing the “public charge” rule nationwide for as long as the Coronavirus remained a public health emergency.

The lower court’s injunction was issued on July 29th out of the U.S. District Court for the Southern District of New York by Judge Daniels. In his decision, Judge Daniels had ordered the government to immediately stop “enforcing, applying, implementing, or treating,” as effective the “public charge” rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.


Overview

What is this all about?

Since the issuance of the lower court’s injunction on July 29th, the Trump administration immediately appealed the ruling to the U.S. Court of Appeals for the Second Circuit. A decision was expected to be handed down in a matter of weeks.

On August 12th the decision finally came, and it was very unexpected. The Court of Appeals decided that the issuance of a nationwide injunction was inappropriate and instead narrowed the scope of the injunction to apply only to the three states that filed the lawsuit (New York, Connecticut, and Vermont). The Court of Appeals stated that the injunction was warranted only with respect to these states because only these states were able to demonstrate standing, irreparable harm, and a likelihood of succeeding on the merits of the underlying case.

Therefore, the injunction preventing enforcement of the “public charge” rule no longer applies on a nationwide basis, and instead only prevents enforcement of the “public charge” rule against residents of New York, Connecticut, and Vermont.

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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 discusses a very important new update regarding the “public charge,” rule. On July 29, a federal judge in the state of New York issued a ruling temporarily blocking the Trump administration from enforcing the public charge rule on noncitizens seeking permanent residency in the United States, as well as nonimmigrant visa applicants abroad, for as long as the coronavirus pandemic remains a public health emergency. The ruling was made in response to a federal lawsuit filed by several states against the government, U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al.

Stay tuned for more information on this topic.


Overview

In response to a lawsuit filed by the states of New York, Connecticut, and Vermont, challenging the “public charge” rule, federal judge George Daniels approved a nationwide injunction, which temporarily blocks the government from “enforcing, applying, implementing, or treating,” as effective the “public charge” rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak.

The judge in this case ultimately sided with the states recognizing that the public charge rule ultimately discourages non-citizens nationwide from obtaining the necessary treatment and care they would need during the Coronavirus pandemic. In his opinion, the judge stated that in consideration of the “substantial harm” that the public would suffer from application and enforcement of the public charge rule, it was necessary to issue a temporary injunction to preserve the status quo and allow non-citizens to seek public benefits necessary for their health and well-being. The judge stated, “no person should hesitate to seek medical care, nor should they endure punishment or penalty if they seek temporary financial aid as a result of the pandemic’s impact.”

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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 for international students studying in the United States during the upcoming Fall semester.

Stay tuned to find out more.


Overview

On July 6th international students were shocked to find out that the federal government introduced new guidelines preventing students from attending schools with online instruction only during the Fall 2020 semester.

The new guidelines, released by Immigration and Customs Enforcement (ICE), provided that students enrolled in schools with online only instruction would not be issued visas, and CBP would not permit these students to enter the U.S. from abroad, despite rising Coronavirus cases nationwide. Additionally, the announcement stated that students already in the United States enrolled in an online only study program would need to transfer to a school providing hybrid or in-person instruction, in order to remain in lawful status in the United States. Students who failed to transfer would be required to depart the country immediately.

Fortunately, Harvard and the Massachusetts Institute of Technology (MIT) stood up for international students nationwide and swiftly filed a lawsuit against the government to prevent the guidelines from being enforced. The lawsuit sought a temporary and permanent court order/injunction to stop the government from enforcing any part of the new guidelines on students and universities.

The judge in that case had scheduled an emergency hearing on July 14th to hear oral arguments from the universities and the government.

In a surprising turn of events, just before the hearing was scheduled to begin, the judge announced that the government reached an agreement to rescind the new police in its entirety.

From the Court Docket: Harvard and MIT vs. DHS/ICE re: International Students

“Hearing held on 7/14/2020. The Court was informed by the parties that they have come to a resolution to the combined temporary restraining order/preliminary injunction motions. The Government has agreed to rescind the July 6, 2020 Policy Directive and the July 7, 2020 FAQ, and has also agreed to rescind their implementation. The Government will return to the March 9, 2020 and March 13, 2020 policy.”

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: When will US Embassies and Consulates re-open? Stay tuned to find out more.


Overview

First things first, as many of you know on March 20, 2020 the Department of State announced the temporary suspension of routine visa services at all U.S. Embassies and Consulates worldwide in response to the global pandemic. Since then, U.S. Embassies and Consulates have cancelled all routine immigrant and nonimmigrant visa appointments, and only provided emergency and mission critical visa services. The DOS did not provide an estimated timeframe of when routine visa services would resume stating “we are unable to provide a specific date at this time.”

In addition, beginning January 31, 2020, the President began issuing several presidential proclamations suspending the entry into the United States of certain foreign nationals to limit the spread of the Coronavirus. The entry of foreign nationals who were physically present in the People’s Republic of China, Iran, Brazil, Ireland, or the Schengen countries within the 14 days preceding entry or attempted entry into the United States is suspended until further notice. The Schengen countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

That means that these individuals will not be issued a U.S. visa or allowed to enter the United States for as long as the presidential proclamations remain in place, even when U.S. Embassies and Consulates resume visa services for the public.

For a complete list of these presidential proclamations restricting travel 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 discusses a very puzzling topic. Our readers have asked: Are K-1 Visas exempt from the recent Presidential Proclamation? From our reading of the Presidential Proclamation we had discussed in previous videos that K-1 visas are non-immigrant visas, and therefore exempt from the ban on immigration, however lately certain U.S. Embassies have been treating K-1 visas as immigrant visas, which would make them subject to the recent ban on immigration.

We discuss this development further in this video.

Keep on watching for more information.


Overview


As you all know by now on June 22nd the President signed a new presidential proclamation called, “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” which extends the previous April 22nd Presidential Proclamation suspending the entry of certain types of immigrants to the United States. The June 22nd order also placed a visa ban on H-1B, H-2B, J, and L nonimmigrant workers applying for a visa at the U.S. Consulate abroad as of June 24th.

The April 22nd proclamation specifically suspended, “the entry into the United States of aliens as immigrants.” Under immigration law, K-1 fiancé visas are non-immigrant visas, and therefore not subject to this ban. K-1 fiancé visas are considered non-immigrant visas because the foreign fiancé is seeking temporary entry to the United States for the limited purpose of marrying the U.S. Citizen spouse. It is not until the foreign national marries the U.S. Citizen spouse that he or she is allowed to immigrate by filing Form I-485 to adjust status to permanent resident.

Unfortunately, a great deal of confusion has been occurring at Embassies worldwide regarding whether K-1 fiancé visas are exempt or not exempt from the presidential proclamation. Recently, some Embassies have erroneously categorized K-1 fiancé visas as immigrant visas, refusing to schedule interviews and issue visas for this category because of the ban on immigration. Others including the Embassy in Manila have correctly provided information that K-1 fiancé visas are exempt from the presidential proclamation.

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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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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the predicament that many H-1B visa holders have fallen into: what happens when you are stuck overseas and cannot return to the United States to resume employment due to COVID 19? Stay tuned for our helpful tips on what you can do to get back to work.


Overview


The global pandemic has caused many visa holders to remain overseas without any clear guidance on how or when they may return to the United States. Travel restrictions and border closures have made it very difficult for individuals on work visas to be able to come back to the United States and resume their authorized work. For obvious reasons, staying out of the country for a prolonged period of time can have serious consequences on the foreign worker’s immigration status. We have received many questions from our viewers concerned about the restrictions and what options they may have to return to the United States.

First, it is important for foreign workers to document their inability to travel to the United States, so that they can later prove to immigration that the circumstances that prevented them from traveling to the United States were out of their control.

Second, foreign workers must stay in constant communication with their employer while overseas to make sure that their employer understands why they have not been able to return to the United States. A foreign worker that does not report to the U.S. employer can find themselves in very hot water if the employer mistakenly believes that the foreign worker abandoned their job without reason. For instance, if the employer withdraws the worker’s petition or reports that the worker is out of compliance with the terms of his employment, the foreign worker will not be able to re-enter the United States. Foreign workers should try to communicate with their employer at least on a weekly basis.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick goes over each section of President Trump’s new executive order, “Proclamation Suspending the Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” which suspends and limits the immigration of certain types of aliens for a 60-day period beginning on April 23, 2020.

Keep on watching for more information.

Overview:


Who is impacted by the Executive order?


The suspension applies to individuals who, as of April 23, are:

(1) outside of the United States

(2) do not have an immigrant visa

(3) do not have official travel documents other than visas and

(4) are not otherwise exempted from the Proclamation.


Who will enforce the Executive Order?


The President’s executive order will be enforced by U.S. Consulates worldwide beginning 11:59 p.m. eastern daylight time on April 23, 2020. Consular officials will have the discretion to determine whether an immigrant is eligible to receive a visa and whether they are exempt from the order.


Who is exempt from the Executive Order (not impacted)?


  • Lawful Permanent Residents of the U.S.;
  • Aliens who are the spouses of U.S. Citizens;
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces;
  • Aliens under 21 years of age who are children of United States Citizens and prospective adoptees;
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional;
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19;
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien;
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program;
  • Aliens whose entry furthers important United States law enforcement objectives;

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