Visa Lawyer Blog

Articles Posted in Policy

by

15859186069_103bf8055c_z

Today, January 12, 2017 the President announced that the Department of Homeland Security will be ending the “wet-foot/dry-foot” policy in a statement about Cuban Immigration Policy. Previously, Cuban nationals were allowed to apply for permanent residency within one year of reaching American soil without the need to enter the United States with a visa. After decades of making an exception for Cuban nationals, the “wet-foot/dry-foot” policy will be no more. From this point forward, Cuban nationals will be required (like all other foreign nationals) to obtain a visa in order to be lawfully admitted to the United States. Effective January 12, 2017, Cuban nationals caught attempting to enter the United States without proper documentation, who do not otherwise qualify for humanitarian relief, will be subject to removal, in accordance with the immigration laws of the United States. This change in policy comes as an effort to “normalize” U.S./Cuban relations and to make the immigration policies of the United States more consistent. As you may know, diplomatic relations between U.S. and Cuba were severed in 1961, and were only re-opened until recently. For their part the Cuban government has reached an agreement with the United States to accept Cuban nationals ordered removed from the United States.

In addition, the new policy states that effective immediately the Department of Homeland Security will terminate the Cuban Medical Professional Parole program under the rationale that this program no longer serves the interests of the United States and the Cuban people. The parole program was viewed as controversial from the very beginning because it provided preferential treatment to Cuban medical personnel. Cuban medical personnel and others will be eligible to apply for asylum at United States embassies and consulates worldwide, as has been customary for all other foreign nationals.

Continue reading

by

14604464454_ab9f59b1e0_zA new lawsuit has been filed in federal court challenging the Department of Homeland Security’s authorization of the Optional Practical Training (OPT) for STEM students in the United States. The Washington Alliance of Technology Workers is seeking an end to the STEM OPT program because they claim the program is putting American technology workers at a competitive disadvantage. As previously reported, the Washington Alliance of Technology Workers had been battling the Department of Homeland Security in court for the past year asking a federal judge to invalidate 17-month OPT extensions granted to STEM students, because DHS violated the notice and comment requirements of the Administrative Procedure Act (APA).

In response, the federal judge had ordered the Department of Homeland Security to publish a new final OPT rule to allow certain F-1 students with degrees in science, technology, engineering, or mathematics to obtain employment authorization. DHS published the final rule earlier this year, replacing the previous 17-month STEM extension rule that had been in place since 2008. The new rule published by DHS allows certain F-1 students to apply for 24-month extension of their optional practical training program (OPT) in order to continue working in the United States following the completion of their studies. This new rule went into effect on May 10, 2016. The same plaintiffs who challenged DHS are coming forward yet again, this time questioning DHS policy, and alleging that the STEM OPT program is putting businesses first instead of protecting American technology workers.

The Washington Alliance of Technology Workers is a labor union that represents the interests of American technology workers, who they claim are losing out on jobs to foreign workers because of guest worker programs. The Immigration Reform Law Institute (IRLI) and the labor union are working together to dismantle the program which they say circumvents American labor protections in favor of cheap labor. In a recent statement the IRLI claims that the DHS exceeded its authority by allowing the STEM OPT program to exist. According to them, “not only does the OPT program create more competition for suitable unemployed and underemployed American workers, but it creates a tax incentive for unscrupulous employers to hire foreign labor over American workers because aliens on student visas and their employers do not have to pay Medicare and Social Security taxes.”

Continue reading

by

294797273_6efed53754_o

The United States Citizenship and Immigration Services will allow the families of certain Filipino World War II veterans to reunite with veterans beginning June 8, 2016 as a result of a new policy change called Filipino World War II Veterans Parole Policy. In order to qualify, extended family members of veterans must be beneficiaries of approved family-based immigrant visa petitions, and be awaiting the availability of an immigrant visa. Certain extended family members of U.S. Citizen or LPR Filipino World War II Veterans will have the opportunity to receive advance parole on a ‘discretionary’ case-by-cases basis in order to travel to the United States to be with their loved ones, while they await an immigrant visa to become available. In addition, certain relatives of deceased Filipino World War II veterans, will be able to seek parole for themselves. This new policy change has been implemented to honor Filipino veterans who enlisted in the World War II Veterans Parole Program to fight for our country during World War II. The initiative will also allow extended family members to care and support their U.S. Citizen or LPR veteran family members during the advanced stages of their life. According to the policy, approximately 2,000 to 6,000 family members will be able to benefit from this new policy change. Applications for the the Filipino World War II Veterans Parole Program will not be accepted until June 8, 2016.

Presently, the process of immigrating extended family members of U.S. Citizens and Legal Permanent Residents residing abroad is a very complex and antiquated process. This is because there is a limit to the number of immigrant visa applications that can be issued for extended family members. The Visa Bulletin outlines the numerical immigrant visa limitations for family-sponsored and employment-based preference categories established by the Immigration and Nationality Act (INA).

Continue reading

by

8649279661_8772d73791_c
We would like to inform our readers that on July 21, 2015 the Department of Homeland Security issued a policy memorandum which provides guidance to employers and H-1B applicants regarding when to file an amended or new H-1B petition following the case law, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015).

The memorandum is important because it is used to guide all determinations made by USCIS employees including adjudication procedures effective immediately.

To read the complete memorandum please click here  USCIS Policy Memorandum

Continue reading

by

11400978_10153396425248766_3904864215081914789_n

Presently, attorneys Jacob Sapochnick, Esq., Ekaterina Powell, Esq., and Yingfei Zhou, Esq. from our office are in attendance at the 2015 American Immigration Lawyers Association (AILA) Conference on Immigration Law taking place in Washington, DC. Together, they have had the privilege of being present for an open forum where officials from the Department of State and the National Visa Center provided valuable information in regards to modernization of PERM, improvements in visa processing at the National Visa Center, technical issues experienced at U.S. Consulates abroad, H-1B fee announcements, and more!

Technical issues experienced at U.S. Consulates worldwide

1. In regards to technical issues causing delays in visa issuance at U.S. Consulates worldwide, visa issuance is currently frozen. No visas are currently being issued at any U.S. Consulates worldwide. U.S. Consulates are rescheduling appointments for visas that were affected by the technical issues. The DOS is working to repair the hardware, however it will not be until next week when all issues will be resolved. Due to this, there will be a backlog for visa issuance and it will take longer to schedule a consular appointment for a visa.

2. If a visa applicant was affected by the technical issues at a U.S. Consulate abroad and they need to retrieve their passport urgently, they will be able to retrieve their passport, however, in doing so, applicants will forfeit the visa fees they have paid, and will be issued a 221(g) visa denial letter. If applicants are still interested in receiving a visa, they must re-apply and re-pay any visa fees. Applicants who are re-applying must note on future applications that their visa was denied due to a technical glitch. Applicants from visa waiver countries who are concerned that the visa denial will automatically result in an ESTA denial can rest assured. ESTA submissions will not be denied based on the technical glitch. DOS has responded that the technical issues will not affect future visa applications. Continue reading

by

9291648625_319dc9bea3 (1)

On November 20, 2014 President Barack Obama announced a series of executive actions on immigration designed to repair our country’s broken immigration system.

Among its provisions, the executive actions on immigration outline plans to: strengthen border security, expand I-601A provisional waiver eligibility, modernize visa backlogs, expand eligibility for parole in place, improve parole procedures for researchers, inventors, and foreign entrepreneurs, revise removal proceedings–making criminals and those who pose a threat to our nation’s national security a priority for deportation, expand the existing DACA (Deferred Action for Childhood Arrivals) program to include a broader population of undocumented aliens (with no prior criminal history) who have continuously resided in the United States since January 1, 2010.  The expanded DACA program, under the new policy, would last a period of 3 years, rather than the 2 year period, granted under initial DACA.

In addition to expanding DACA, Obama also proposed a new program known as DAPA (Deferred Action for Parents of U.S. Citizens and Lawful Permanent Residents) extending eligibility of deferred action to eligible parents of US Citizen or LPR children born on or before the date of the President’s announcement on November 20, 2014. To read the complete DAPA eligibility requirements please click here.

These provisions were scheduled to go into effect on February 18th of this year, however, on February 15th a temporary injunction filed by Judge Hanen along with 26 states put these initiatives on hold. Following the filing of the temporary injunction, the Department of Justice filed an appeal in defense of Obama’s executive actions and an emergency motion for stay, requesting the executive actions to go forward despite the temporary injunction.

Continue reading

by

imagePresident Obama closed off the year by announcing his highly anticipated executive action on November 20, 2014 which will go into effect early this year, but the executive action was only one of many important initiatives that occurred in 2014.

2014 was a big year for immigrants for several reasons:

  • AB 60 California Driver’s License Applicants: Beginning January 01, 2015 undocumented immigrants can start the process of obtaining their driver’s licenses under AB 60 at their local DMV field office
  • Executive Action: Beginning February 2015, eligible applicants can apply for the expanded DACA program which shields undocumented individuals from deportation who were brought to the United States illegally as children, our office will be providing you with further updates early this year
  • Beginning May 2015 eligible parents of U.S. Citizens and lawful permanent residents can apply for deferred action thereby protecting them for deportation and allowing millions of parents to be eligible for employment authorization

Continue reading

by

5809421452_8a311d10c8

The purpose of U.S. Immigration and Customs Enforcement (ICE) administrative inspection is to determine whether the employer has violated the prohibitions against hiring or continuing employment of unauthorized aliens and Form I-9 violations. Usually, a 72-hour notice will be given to employers preceding the ICE Form I-9 administrative inspection. The Notice of Inspection indicates the date, time, and place for the inspection and the documentation that the employer is requested to produce.

Form I-9 inspection may be conducted by any of the three authorized government agencies: Department of Homeland Security (DHS), the U.S. Department of Labor (DOL), or the U.S. Department of Justice Office of Special Counsel. DHS may initiate investigations after public complaints. Form I-9 inspection may be conducted either on the employer’s premises, at an agency office, or at the agency’s discretion. Employers that use electronic Form I-9 storage systems need only retrieve and reproduce the forms electronically retained in the storage system and supporting items requested by the inspecting agency.

If the employer does not comply with the request to present the forms and supporting documents, ICE may compel production by issuing a subpoena. A delay in the production of the forms and supporting documents may be considered a violation of compliance requirements. After a Form I-9 inspection, ICE will notify the employer as to its results. The current procedure is to notify the employer in writing of the result of the completed inspection. However, informal manner of notification may also been recognized as a valid notification as the Ninth Circuit has held that “even after an informal oral government notice, it is important for the employer to terminate the employee promptly to avoid knowingly continuing to employ violation.”

Continue reading

by

15364657104_dd44282c03_o

Jose came into our office yesterday.  He had been here before.  About a year ago he came in to have a consultation with us and it seems we didn’t have the “right” answers that he wanted to hear.  This led to Jose searching for what he really wanted to hear.

For the past year, Jose has visited several immigration attorneys to confirm the information we had already given him.  The answer was always the same; except one day he found one attorney who gave him hope.  Unfortunately, the attorney took his hope, his money, and didn’t do anything to help.

We hear this story often and there isn’t a week that goes by where we don’t see a person who has entrusted their life and their savings to an inexperienced attorney, or worst yet, to an unscrupulous attorney or immigration consultant.  There are times that we have to give people the bad news – that there is nothing that can be done to help them.  The person is usually devastated and in their desperation will state “I’ll find a better attorney and he will be able to help me.”  The truth is, if you search for the answer you want to hear, you will always find someone who are willing to help you; that is they are willing help you be separated from your money – leaving you hopeless.

Continue reading

by

431619249_af1d2a3929_z

 

President Obama’s executive action announced on November 20, 2014 fell short in many ways than one for many people residing in the United States—both legally and illegally. Though a marginalized few have been allowed to come out of the shadows, some of the world’s best and brightest have been completely ignored by the executive action altogether. The United States would be quite a different place without our hard working immigrant population and without our foreign born innovators, movers, and shakers.

Obama’s announcement on November 20th notably left out any indication that the creation of a more expedient and efficient system would be considered— through which highly skilled and highly capable foreign workers would be able to more easily attain permanent residency and visas. Industry leaders in areas such as the Silicon Valley, seeking to employ such highly skilled and highly capable foreign workers for their startup companies, have expressed their concerns, forming groups such as FWD.us, albeit with the knowledge that Congress must act in order for an all-encompassing solution to be reached.

Though Obama’s speech shed little light on the topic, a memorandum released by the U.S. Department of Homeland Security following the speech is much more informative. The memorandum announces that inventors, researchers, and founders of start-up enterprises who do not qualify for a national interest waiver, but who have been awarded what is considered ‘substantial’ financing by a U.S. investor OR who ‘hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting edge research’ can attain parole authority under section 212(d)(5) of the INA,6 on a case-by-case basis after being assessed by the DHS. Possessing parole in this situation would authorize extraordinary inventors, researchers, or start-up entrepreneurs to temporarily conduct their research or development of innovative ideas or their business while in the United States.

Continue reading