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Articles Posted in Work permits

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick informs our readers about a recent update announced by the United States Citizenship and Immigration Services (USCIS) concerning employment authorization cards also known as EADs. Employees may now present their I-765 Notice of Approval as temporary proof of lawful employment in the United States.


Overview

A recent delay in the production of employment authorization cards (EADs) caused by the Coronavirus pandemic has led USCIS to enact a new policy providing relief to those who have an approved I-765 Application for Employment Authorization but have not yet received their employment authorization cards in the mail.

The new policy, announced on August 19, 2020, permits employees to use Form I-797 Notice of Action, with a Notice date on or after December 1, 2019 including through August 20, 2020, that shows the approval of Form I-765 for purposes of satisfying Form I-9, Employment Eligibility Verification, even though the Notice of Action approval states that it is not evidence of employment authorization.

Pursuant to the announcement, I-797 Notice of Action of approval, will now qualify as a List C document that establishes employment authorization issued by the Department of Homeland Security. The employee may present the notice of approval to their employer to remain in compliance with Form I-9 until December 1, 2020.

In addition to presenting the notice of approval, the employee must also provide an acceptable List B document that establishes their identity. The list of acceptable documents to establish identity is on Form I-9.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses some very exciting news for first time DACA applicants. Pursuant to a recent court order, a federal judge has ruled that the government must restore the DACA program to its pre-September 2017 status, meaning that USCIS must accept new applications from first time DACA applicants and advance parole requests. Stay tuned for more information on this topic.


Overview


On July 17, 2020 a federal judge in the state of Maryland issued a ruling that requires the government to restore the DACA program to its pre-September 2017 status. This means that USCIS must continue the DACA program as it was before it was rescinded by the Trump administration on September 5, 2017, when applications for DACA were being accepted by first time applicants.

Before this decision, on June 18th the Supreme Court of the United States issued a ruling on DACA finding that, although the government’s rescission of DACA violated the Administrative Procedure Act, the government could lawfully rescind DACA so long as the government follows the procedures required by the APA. In effect, the Supreme Court’s decision left open the possibility for DACA to be rescinded by the Trump administration. The Supreme Court emphasized that it would not decide whether DACA or its rescission are “sound policies.”

After its ruling, the Supreme Court sent the case back to the lower courts, where the Maryland judge ultimately decided in favor of reinstating the DACA program.

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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 discusses a new and important topic: are green card interviews being waived during the Coronavirus pandemic?

Keep on watching for more information.

Overview:

As many of you know, on March 18th USCIS announced the closure of USCIS field offices, ASC centers, and asylum offices nationwide until at least May 3rd to minimize the spread of coronavirus (COVID-19).

That means that most interviews and biometrics appointments initially scheduled to take place between March 18th and May 3rd are being rescheduled.

Certain Employment-Based Green Card Interviews Waived

Typically, a green card applicant must attend an in-person interview at a USCIS field office (if based on marriage or employment) before their green card application can be approved. That is because USCIS must ensure that the green card applicant meets all eligibility requirements.

Curiously, during the last few days, certain green card applicants have seen their green card interviews waived instead of rescheduled. This has been occurring mainly for employment-based green card applicants. This class of individuals have seen their green cards approved, and have received their green cards in the mail, without having to attend the green card interview.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we answer one of your frequently asked questions: can I work while my green card application (Form I-485) is pending with USCIS?

Overview:

The answer is yes; however, you will first need to file Form I-765 Application for Employment Authorization with USCIS and wait several months for this application to be processed.

Once the application has been processed you will receive your work permit also known as “employment authorization document” (EAD). You may obtain a social security number, driver’s license, and obtain lawful employment in the United States once you have your employment authorization document.

Please note that an EAD is not the same as a green card. The EAD simply allows you to work temporarily while your green card application is processing. EADs are typically issued for a one-year period of time and may be renewed if your application remains pending with USCIS past the expiration date.

Form I-765 is typically filed at the same time and in the same package as the green card application. However, if you did not file it at the same time as your green card application, you may file it separately so long as your green card application remains pending with USCIS.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss an important topic relating to family-based immigration: how can I immigrate my parent to the United States?

How do you immigrate a parent to the United States?

You must be a United States citizen (over 21 years of age) to immigrate your parent to the United States. The process of immigrating your parent to the United States depends on where your parent is residing at the time of filing.

Adjustment of Status

The most common scenario is where your parent has entered the United States on a non-immigrant visa for a non-immigrant purpose (such as visiting the United States) and several months later a decision is made to adjust the parent’s status to permanent residence. In this scenario, the appropriate process to immigrate the parent to the United States is through a process known as adjustment of status to permanent residence.

During this process, the United States citizen child will file a petition with USCIS called Form I-130 to immigrate their parent to the United States as well as Form I-864 Affidavit of Support. The United States citizen child must sign Form I-864 Affidavit of Support to prove they have the financial ability to provide for their parent until the parent becomes a US citizen. If the United States citizen child cannot prove financial ability, a joint sponsor will be needed who can prove their financial ability. At the same time, the parent will file Form I-485 with USCIS to change their status to that of permanent residence. In addition, the parent may choose to apply for employment authorization and a travel permit by filing Forms I-765 and I-131, in order to work and travel internationally while the green card application is in process.

Once these petitions are filed with USCIS, the parent can wait in the United States until the green card process is completed. The process is considered complete once the parent is approved following the green card interview.

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The San Diego Immigration Law Offices of Jacob J. Sapochnick welcomes you. Our immigration practice is committed exclusively to the areas of immigration and citizenship law. We have big firm expertise in these specialties, but strive to deliver personalized client services at an economical cost.

Every week we cover different immigration topics on our Youtube channel. Subscribe and hit the notification bell to be notified every time we upload!

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In this video attorney Jacob Sapochnick discusses immigration options for the e-sports industry. This is a very interesting topic because although e-sports are not traditional, professionals within this industry can certainly apply for the same types of visas available to professional athletes.

For immigration purposes, gamers, judges, gaming influencers (such as YouTube personalities) or engineers in the field may apply for the O-1B visa.

The O-1B visa is suitable for individuals with an extraordinary ability in the arts. The e-sports industry qualifies for this visa because e-sports are considered an art.

An individual may work in the United States on the O-1B visa for an initial 3-year period. Extensions may be granted in one-year increments.

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How can religious workers come to the United States?

A religious worker visa allows a foreign national to come to the United States to work in a religious occupation for an authorized non-profit organization.

To qualify for the R-1 visa, the foreign national must be employed by (1) a non-profit religious organization in the United States or (2) a religious organization that is authorized by a group tax exemption holder to use its group tax exemption or (3) a non-profit religious organization affiliated with a religious denomination in the United States.

Religious occupations are those whose duties:

  • Primarily relate to a traditional religious function
  • Are recognized as a religious occupation within the denomination
  • Are primarily related to, and clearly involve, inculcate, or carry out the religious creed and beliefs of the denomination
  • In addition, the foreign national must be a member of the religious denomination for at least two years immediately prior to filing for an R-1 visa.

The R-1 visa is issued for a period of up to 5 years, and the religious worker may apply for a green card using Form I-360.

For more information about the R-1 visa please visit our website.

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In this live stream, attorneys Jacob Sapochnick and Marie Puertollano discuss recent topics in immigration including the new USCIS policy giving immigration officers ample discretion to deny an application or petition filed with USCIS without first issuing a RFE or NOID, suspension of premium processing, fraudulent H-1B schemes, and more.

Overview:

RFE/NOID Policy

Beginning September 11, if you do not provide sufficient evidence to establish that you are eligible for the immigration benefit you are requesting, USCIS may exercise their discretion and deny your petition without first issuing a request for evidence or RFE. This new policy applies to all applications and petitions filed after September 11th, with the exception of DACA renewal applications.  The decision to deny your application or petition without issuing a RFE or NOID will ultimately be up to the discretion of the officer reviewing your petition. An officer may in his discretion continue to issue a RFE or NOID according to his best judgement.

If you are filing for a change of status or extension of your status, we recommend that you file early, so that you are not out of status in the case that USCIS denies your request for an immigration benefit. This will give you the opportunity to either re-file or to consider changing your status to another visa type. In addition, if you have the ability to apply for premium processing service, you should take advantage of that service.

Suspension of Premium Processing

At the moment premium processing services have been temporary suspended for cap-subject petitions until February 19, 2019, with the exception of cap-exempt petitions filed exclusively at the California Service Center, because the employer is cap-exempt or because the beneficiary will be employed at a qualifying cap exempt institution.

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