5371077178_b885da17f6_z

By Yingfei Zhou, Esq.

The B-1 business visitor visa allows foreign businesspersons to be admitted into the U.S. so that they may engage in certain temporary business activities. B-1 business visitors are not required to obtain work authorization prior to being admitted because they are not entering the U.S. labor market and they are admitted to the U.S. without Numerical limit.

Who qualifies as a business visitor?

In determining whether a foreign national qualifies as a business visitor, two cases are frequently cited: Matter of Hira and Matter of Neill.

Matter of Hira involved a foreign national who traveled to the U.S. on behalf of his employer, a Hong Kong manufacturer of custom-made men’s clothing. The foreign national accepted payment for the order, took measurements of customers, and sent back the order with the purchase price to the employer for handling. The foreign national received reimbursement for expenses but no remuneration in the U.S., and he demonstrated an intent to return to Hong Kong at the end of his authorized stay. The foreign national was found to be eligible for business visitor classification.

To the contrary, Matter of Neill, involved a professional engineer for a Canadian firm who solicited business in the U.S. and regularly rendered consulting services to U.S. customers. The Immigration found that the foreign national’s activities constituted professional services that went beyond activities incidental to international trade and determined that the foreign national was not eligible for entry as a business visitor.

The above two cases identify five factors that must be considered in determining whether a foreign national qualifies for business visitor status:

  • The foreign national’s activity must involve a commercial character
  • The foreign national must have a clear intent to continue a foreign residence and not abandon any existing domicile
  • The foreign national’s salary must come from abroad
  • The principal place of business and the actual place of eventual accrual of profits must remain in a foreign country
  • The foreign national’s stay in the U.S. must be temporary

Temporary Stay

To satisfy this requirement, applicants may submit following evidence to demonstrate your intent to remain for a limited time:

  • Ticketed return travel, evidence of other meetings or time-sensitive activities you need to engage in after returning.
  • Evidence of property ownership in your home country, ties to family (such as a spouse and children), and evidence of employment in your home country.
  • Evidence of participation in an incubator or accelerator program that is for a limited duration.

Sufficient Funds to Cover Your Stay

Applicants need to demonstrate that you have sufficient funds to cover your stay in the United States without working. Those may include documentation regarding credit limits, bank accounts, cash on hand, or other means to pay for your expenses, and/or evidence that expenses have already been paid, such as ticketed (domestic) air travel.

Sufficient Ties Abroad

Evidence you may submit to demonstrate social and economic ties abroad may include:

  • Foreign bank accounts
  • Mortgage or rental agreement documenting residence abroad
  • Foreign property owned
  • Family members outside the United States
  • Employment outside the United States
  • Contractual or other legal commitments outside the United States

Cannot Draw Any Salary from a United States Entity

It is permissible to conduct business activities on behalf of a foreign employer, but no salary may come from a U.S. source. In some cases, however, you may receive reimbursement from a U.S. source for reasonable incidental expenses incurred while in the United States.

To satisfy this requirement, you may submit evidence in the form of an oral declaration or an employer letter indicating that the primary source of remuneration for the proposed business activity comes from abroad and that the business visitor’s principal place of business and actual accrual of profits remains outside the U.S.

What is counted as a business activity?

Applicants may be eligible for a B-1 visa if they will be participating in business activities of a commercial or professional nature in the U.S., including, but not limited to:

  • Consulting with business associates
  • Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
  • Settling an estate
  • Negotiating a contract
  • Participating in short-term training
  • Transiting through the United States: certain persons may transit the United States with a B-1 visa
  • Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

Sales Activity

A salesperson can enter the U.S. to sell, negotiate, and enter into contracts for the sale of products manufactured outside of the U.S. It is not permissible for a foreign salesperson to enter the U.S. in order to sell a U.S. manufactured product to a U.S. customer. The situation can become blurred when the foreign parent company establishes a distribution or manufacturing facility in the U.S. The salesperson may be required to prove that he or she is not rendering sales activities on behalf of the U.S. Affiliated company or with respect to products manufactured in the U.S., even if the sales contract and related income accrue to the foreign parent company.

After Sales Services

In international trade, sellers are often required to perform certain after-sales services that are incidental to the sale. Foreign workers are allowed to enter the U.S. to install, assemble, repair, and maintain equipment in the U.S. pursuant to the sales contract and any applicable warranty. The workers can bring their own tools into the U.S. to perform the services. However, there must be a skill coupled with specific knowledge of the product that is not easily obtained and not generally known in the marketplace, and the product has to be manufactured outside the U.S.

Establishing Business Operations in the U.S.

Business visitor entries are often a necessary part of the creation or acquisition of a U.S. business. They may enter the U.S. to meet with attorneys or other advisors, negotiate leases or other contracts, interview and hire personnel, and the like. Problem is more likely to arise after the U.S. business is operational and foreign nationals seek entry into the U.S. to meet with U.S. management or staff, or to interact with the activities of the U.S. business.

Active participation in the management of the day-to-day activities of the U.S. company is deemed employment that requires work authorization. The entering business visitor can benefit from a letter from the foreign company, explain that the individual is entering the U.S. on behalf of the foreign company, not the U.S. company, and in furtherance of a legitimate B-1 activity in connection with international trade.

Ordinarily B-1 business visitors who are not Canadian citizens must have a valid B-1 visa to be eligible for admission and must present a valid passport. Applications will be reviewed and decisions will be made by the Immigration officers at their discretion upon presentation of proof of citizenship, documentation demonstrating that the visitor will engage in an appropriate business activity, and evidence that the proposed activity is international in scope and that the business person does not seek to enter the U.S. labor market. Again, while not required, it may be useful for the applicant to carry a letter from his or her employer stating the circumstances of the business trip in convincing the officer that B-1 status is appropriate.

For more information please contact our office.

6334089208_b4748845fb_z

On Saturday, September 6th, the White House announced that the President would be holding off on taking executive action, to bring about immigration reform, until after November elections. Although president Obama announced that he would take executive action in June, mounting pressure from Senate Democrats prompted president Obama to abandon ship on such promises until later this year. Democrats fighting for a seat in the Senate had been fearful that if President Obama would act on the promise he had made earlier this summer, they would lose their re-election bids, and overall bargaining power in the House and Senate. White House officials expressed that if the president were to act on such a promise, before the November elections; the decision might jeopardize the sustainability of the policy and might have negative repercussions on comprehensive immigration reform as a whole. While some have considered President Obama’s move to be strategic, others have seen the decision as another empty promise and failed attempt by the Obama administration to bring about comprehensive immigration reform. In a recent interview with NBC, president Obama reiterated that he would act on immigration reform, because he feels it is the right thing. According to him however, it would be most effective to act if the public understands the facts on immigration. According to white house officials, after November elections, the pressure to act on immigration reform would take on a whole new meaning. The house and senate would be re-energized and the topic would no longer be as politicized. Within this frame of mind, Republicans and Democrats alike could maximize the odds of bringing about immigration reform by coming together with integrity on the issue, rather than at each other’s throats prior to the elections. For further updates, please continue to visit our blog. 

10859690426_d0bde482b7_z

What is the purpose of filing an I-751 Petition for Removal of Conditions?

If you were granted conditional residence based on your marriage to a U.S. Citizen or legal permanent resident, you must file the I-751 Petition to Remove Conditions on your Permanent Resident Card. This form allows the conditional resident to request USCIS to remove the conditions on their residence. For conditional residents who are still married, the petition must be filed jointly with your spouse through with you gained your conditional residence.

But what happens when the marriage ends in divorce, annulment, or other factors?

The conditional resident can request for waiver of the joint filing requirement IF any of the following applies:

  1. You entered the marriage in good faith but your spouse died
  2. You entered the marriage in good faith, but the marriage was later terminated through divorce or annulment
  3. You entered the marriage in good faith, but were battered or the victim of ‘extreme cruelty’ by the spouse with whom you gained conditional residence
  4. Your conditional resident parent entered the marriage in good faith, but you have been battered or the victim of ‘extreme cruelty’ by your parent’s U.S. Citizen or permanent resident spouse or by your conditional resident parent or
  5. The termination of your conditional resident status and removal would result in extreme hardship 

For the purposes of this segment, we will focus on what must be proven when a conditional resident’s marriage ends in divorce or annulment.

First let’s discuss the documents that must be provided that do not establish good faith:

  • Copy of the applicant’s green card front and back
  • Copy of all previous divorce judgments for applicant and former spouse
  • Copy of the applicant’s birth certificate with English translation
  • Copy of the former spouse’s birth certificate, U.S. Passport, or Certificate of Naturalization

When it comes to filing the I-751 Waiver, the key word to consider here is good faith. In order to successfully request a waiver of the joint filing requirement, the conditional resident, also known as the applicant, will need to prove to USCIS that even though their marriage ended in divorce or annulment, they entered the marriage in good faith. What is being proven, in other words, is the intent that the conditional resident had in entering the marriage.  One may ask themselves how can I prove that I entered the marriage to my U.S. Citizen or LPR spouse in good faith?

There are several documents that can be provided to meet this criterion. First, the conditional resident can prove that they entered the marriage in good faith by providing evidence that a bona fide marriage did exist between the couple. Such evidence can include but is not limited to: a copy of the marriage certificate, which is the most fundamental and basic way that the conditional resident can prove that a marriage did in fact exist with their former spouse, however on its own this evidence is not sufficient in establishing that the conditional resident entered the marriage in good faith. In addition to the marriage certificate, the conditional resident should provide copies of birth certificates of any children that were born of the conditional resident and former spouse. The conditional resident can also provide photographs in which they appear with their former spouse together in various places and situations since becoming a legal permanent resident and photographs that establish that the couple has spent time with family and friends. Additionally, the conditional resident can also provide evidence corroborating that a genuine relationship in fact did exist, by providing consistent evidence of correspondence with the former spouse such as: emails, text messages, cards given to one another, or letters written to one another. These items also do not, on their own, establish that the marriage was entered in good faith, but just like the photographs, they can guide USCIS, and indicate that the couple had a consistent relationship and consistent communication with one another on an intimate level.

Evidence that is much more concrete and substantial is evidence that proves that the couple had commingled finances, joint ownership of assets or liabilities, and evidence of cohabitation. This type of evidence serves as the backbone to your case. Evidence mentioned above simply supplements this more concrete evidence. In our practice, we ask the conditional resident to provide joint tax returns and wage statements since becoming a legal permanent resident. This evidence establishes that the couple had commingled finances. It also establishes that the couple had been living together throughout their marriage. Lease agreements or deeds of ownership of all places where the conditional resident and former spouse have lived are necessary to establish that the conditional resident and former spouse were living together during their marriage. Mortgage contracts showing joint occupancy and/or ownership of your communal residence also indicate that the couple was living together consistently. The lease agreements and deeds of ownership must include the names of both the conditional resident and former spouse or at least corroborate the address at which the conditional resident lived with their former spouse during their marriage.

The purpose of providing evidence of a joint bank account is twofold. A joint bank account can help prove joint occupancy and is evidence of joint finances. We recommend that the conditional resident provide bank account statements from their joint account since becoming a legal permanent resident (include 1 statement every 3 months since becoming an LPR). Joint loans, joint insurance policies showing the conditional resident as the beneficiary, joint ownership of assets, and joint utility bills are also very important in establishing that the conditional resident entered the marriage in good faith.

Lastly, our practice includes a notarized detailed statement from the applicant/conditional resident explaining the narrative behind their relationship including how the conditional resident met their former spouse through which they gained their conditional residence, how their relationship unfolded, what caused the breakdown of the relationship in detail, and any other pertinent information based on the situation. We also ask for notarized affidavits sworn by at least 2 family members or friends, who have observed and spent time with the conditional resident and former spouse throughout their marriage, and can attest that the conditional resident entered the marriage in good faith. The affidavit must be detailed and include anecdotes, dates, and frequency with which the affiant spent time with the conditional resident and former spouse.

Our office understands the sensitivity surrounding such cases. While the process may be invasive, our staff understands what conditional residents are going through in such cases, and we work to assist applicants in every way possible to make the process as stress free as can be. If you gained your conditional residence through marriage to a US Citizen or LPR and are interested in filing a waiver for the joint filing requirement, we are happy to assist. Please click here to visit our website.

 

By Marie Puertollano, Esq.

When an immigrant gets married with a U.S citizen, the immigrant can obtain a green card either through consular processing, if the immigrant is outside the United States, or through adjustment of status within the United States, if the immigrant entered with a visa and is present in the United States. This article will focus on the interview that will be the last step of the adjustment of status and will take place at a USCIS field office within the United States.

Why are we interviewed?

At the interview, the USCIS officer will review the forms with the petitioner and the beneficiary/immigrant. The officer will also ask to see the originals of documents such as your marriage certificate and passports. The officer will also ask you personal questions about your relationship to verify that your marriage is a good faith marriage out of love, and not a sham done only to get a visa.

Does the U.S citizen petitioner and the beneficiary/immigrant both need to be present?

Yes. The interview notice clearly mentions that both spouses must be present at the interview. However, there is an exception for members of the military. If the petitioner is in the military, the presence of the petitioner can be waived at the interview if the beneficiary brings the deployment letter, a copy of the petitioner’s military ID, and an original of the beneficiary’s military spouse ID.

What kind of questions will the officer ask during the interview?

Once the officer is done reviewing the forms, the officer will ask basic questions such as:

-          How did you meet?

-          When did you meet?

-          When did you decided to get married/ proposed?

-          Where was the wedding? Who came? Was it at the court, at church?

Most officers only ask these few questions and then they recommend the case for approval. But some officers may ask more personal questions such as “when was the last time you were intimate?” especially if you got married a short time after meeting each other or if the officer feels that the marriage might not be real.

Will we be separated during the interview?

No, not at the first interview. But if the USCIS is not satisfied by the first interview and is still not sure whether or not the marriage is real, you will be called in for a second interview, the Stokes interview, also called the “marriage fraud interview” where you will be separated and interrogated separately. Look carefully at the interview notice. If the interview notice says “the interview may take 2-4 hours, plan accordingly” and “interview may be videotaped” then you can be sure that you will go through a Stokes interview. An officer will interrogate one of the spouses in detail for one to three hours while the other waits in another room. Then, the same officer will interrogate the other spouse on the same set of questions. At the end, both spouses are usually brought together and given a chance to explain any discrepancies in their answers.

The questions ask are very intimate and detailed such as:

  • Where did you go on your first date?
  • Where did you buy the wedding bands?
  • What did you spouse do yesterday?
  • When was the first time you were intimate?
  • What is the name of your bank(s)?
  • Does your spouse have any tattoos?
  • Is your stove gas or electric?
  • Is there any beer or soda in your refrigerator right now?

You should hire a lawyer to go with you at a Stokes interview as some officers use very intimidating techniques and act aggressive. If a lawyer is present, the lawyer will be able to object and ask for any necessary breaks.

What happens once the interview is done?

Once the first interview is done, your case will either be recommended for approval or you will receive a notice calling you for a Stokes interview. If your case is approved, you should receive your green card within 60 days after approval (our clients usually receive it within 15 days).

After a Stokes interview, your case could be approved and you will receive the green card within 60 days. Or USCIS will issue a notice of intent to deny (NOID) and give you 30 days from the date of the notice to “offer evidence in support of the petition and in opposition to the proposed denial”. Once you answer to the notice of intent to deny, your case will be approved if you provided strong explanation to the discrepancies that happened during the interview. Otherwise, your green card application will be denied.

USCIS offers a great tool to follow the progress of your application online on the USCIS website under “TOOLS”, “Get Automatic Updates about Your Case” at:

https://egov.uscis.gov/cris/jsps/selectusertype.jsp

What happens if we were married less than 2 years before applying for the green card?

If your green card application has been approved but you have been married less than two years, the green card will be conditional and will be valid only for two years. One year and nine months after approval, you will need to file the I-751 to remove the condition on residence with additional evidence proving that the marriage was a good faith marriage.

For questions and legal advice relating to the marriage interview, please contact us. 

9677860781_8f985a6513

On August 23rd the Chief of the Department of State’s Immigrant Visa Control and Reporting Division, Charles Oppenheim, made an important announcement regarding significant changes made to the EB-5 preference category. Oppenheim announced that for the first time since the creation of the EB-5 category, the EB-5 preference category would become unavailable to Chinese applicants for the 2014 fiscal years.

What does it mean for the EB-5 preference category to become unavailable? 

What the department means is that, the maximum number of EB-5 immigrant visas available to Chinese applicants for the fiscal year of 2014 have already been issued. Thus, there are no longer any available EB-5 immigrant visas for the 2014 fiscal year.

Though a cutoff date for Chinese applicants of the EB-5 program has not yet been announced, and the September Visa Bulletin has not yet been amended, the announcement signals that the demand for EB-5 visas will likely cause oversubscription or retrogression impacting the amount of visa’s available. Due to this, cut off dates will likely be established for this category for future fiscal years.

What is Oversubscription?

When a category is considered ‘current’ but the demand is too much to bear, it requires an initial cutoff date to be established.

What is Retrogression?

When an established cutoff date is established, but demand forces the next month’s cutoff date to be earlier than the current cutoff date to meet

Since the September Visa Bulletin has not yet been amended, Chinese EB-5 qualified applicants, can continue to file their adjustments of status in August and September. Processing of EB-5 adjustment of status applications will continue. Chinese applicants who are already far along in the processing of their applications need not be concerned. There will be no impact for the majority of Chinese EB-5 visa applicant’s whose applications complete processing in the next 6 to 8 months.

Additionally:

  • On October 1, 2014 (the first day of the fiscal year 2015) 10,000 visas will become available.
  • For applicants who expect to have interviews at U.S. Consulates in August of September of this years: interviews will continue as scheduled and visas will be issued to qualified applicants who have proven that they met the requirements.
  • Immigrant visas will be valid for a period of up to 6 months from the date of issuance.
  • If wait times increase, future applicant’s may have to deal with impractical time frames for job creation and may likely have to make changes to their business plans due to delays in the issuance of their visa’s.

For guidance please contact our office.

6263551146_8d70e2698c_z

You are a H-1B visa holder from a country with a backlogged employment based category and you are currently living and working in the United States. You have applied for permanent residence through your employer. You have been working for the same employer for years and have extensive experience in your field. Despite all of these factors, you are still waiting in line for your priority date to become current, and what’s more, your spouse has not been eligible to apply for their employment authorization due to the restrictions on their visa. What, if anything, can be done to receive your permanent resident card sooner?

Thousands of immigrants are in the same hypothetical situation. Comprehensive Immigration Reform is necessary not just for undocumented immigrants living in the United States, but also for such specialty workers who regularly contribute to our economy and society, but are stuck in limbo awaiting their permanent residency. Comprehensive immigration reform is also necessary because specialty occupation workers often run out of their H-1B status while they are in line for their priority date to become current. If the specialty occupation worker is married, chances are their spouse has not had the opportunity or privilege to legally obtain employment while the primary applicant has been in line waiting to adjust their status. Many immigrants who have found themselves in similar situations fear international travel due to the risk they may run in not being able to return to the United States.

Bypassing the Quota System

What can such workers do to improve their situation while awaiting their permanent residency? You can opt to request that your employer send you to work in Canada for a period of up to one year, supposing your company has an office operating in Canada, where you can perform the same or similar work that you are currently performing within the United States.

This option would enable the worker to:

  • Travel between Canada and the United States for employment purposes
  • Your spouse would be able to receive an immediate blanket permit which would allow them to work in Canada.
  • Specialized knowledge workers could transfer back to the United States on an L-1B visa and wait for their priority date to become current for up to a period of five years. This move would allow the spouse of an L-1B applicant to obtain an Employment Authorization Card as an L-2 visa holder, a privilege not available to an H-4 Spouse.
  • Managers or executives would receive more benefits. Such managers or execs who have worked in Canada for at least one year could opt to return to the United States on an L-1A inter-corporate transferee visa and switch their preference status to an EB-1 first preference category, reducing their wait time for permanent residence significantly.

For advice on strategy and for a legal consultation please contact our office. 

4097699785_073813177e_z

Much of the deliberation surrounding immigration reform has largely occurred behind closed doors, despite pressure from the booming immigrant population in the United States to become more transparent. In a much anticipated June speech, President Obama announced that he would be utilizing executive action to bring about comprehensive immigration reform in response to Congress’ inaction.

For the most part, the administration has remained mum about the process and the proposals that have been laid out on the table.

Here’s what we do know about what is happening behind closed doors:

  • Senators, lobbyists, interest groups, corporations, and other stakeholders have attended private summit meetings and listening sessions in an effort to influence the Obama administration’s executive power
  • Republicans and conservatives have voiced their dissatisfaction with the lack of transparency the Obama administration has had throughout the process
  • Republican candidates who have had their eye on becoming House majority leader have ignored immigration reform
  • Republicans as a whole have doubted whether the Obama administration can be trusted to enforce the laws it hopes to pass
  • Increased border security and media coverage stemming from the surge in accompanied children has stimulated talks of immigration reform making it imperative to pass due to the humanitarian nature of the issue.
  • Many have questioned whether President Obama’s strides to move immigration reform forward, will be met unchallenged by Congress and the Supreme Court. Others believe that even if pushing immigration reform is within Obama’s constitutional powers, the political backlash the administration would suffer in doing so, would be damaging to the administration and immigration reform efforts.
  • While talks of immigration reform have shed little hope for the undocumented and for non-immigrant visa applicants, the good news is that pressure has been mounting and President Obama’s tenure is running out. Whether immigration reform is brought about by executive might or by the GOP in an attempt to renew its image, we will keep you informed every step of the way.

For more updates please continue to visit our blog. For legal advice please contact our office.

Trivia: President Obama has issued 183 executive orders according to the American Presidency Project at the University of California Santa Barbara while George W. Bush issued 291 during his terms.

289992273_ece293954b_z

By Lupe Lopez

Francis was excited.  As a student of holistic nutrition, he had excelled and the school he was attending wanted him to stay on to work with them as an assistant instructor. The school Francis was attending in the M1 status was pleased with his depth of knowledge and his ability to work with people.  They wanted to find a way for Francis to work with them and to help other students achieve the level of knowledge that he had and so willingly shared.  Also, Francis not only had previous education, he had years of experience in a community clinic using holistic nutrition and alternative medicine to heal people of serious ailments.

Francis called us excitedly looking to learn about his employment options.  The school had not ever offered optional practical training (OPT) to their foreign students and although they are SEVIS certified (schools are required to be certified to enroll foreign students), they were not able to answer the questions that Francis had relative to employment authorization.

After contacting us, Francis was sad to learn that as an M1 student he did not have the same privileges that are afforded to F1 students completing their studies at institutions of higher learning.  The Associates in Holistic Nutrition at a junior college was not at the same level as a Bachelor’s in Nutrition at a university.

As a student in M1 status, you may only obtain practical training after completion of study (8 CFR §214.2(m)(14)).  Also, the job you take must be in the same field of study.

These two requirements were not a problem for Francis.   The problem lies in the length of OPT he is allowed.  Francis can only be given one period of practical training “equal to 1 month of each 4 months” that he pursued a full course of study, not exceeding 6 months (8 CFR §214.2(m)(14)(iii)).  Francis only attended school for 20 months giving him a total of five months of OPT.

There are other hurdles for Francis as well.  Francis must apply for employment authorization before expiration of his authorized stay and not more than 60 days before completion of the course of study; or 30 days after completion of the course of study (8 CFR, §214.2(m)(14)(ii)).  In other words, if he is completing his course On December 1, 2014, he may file October 2, 2014.  Also, as an M1 (vs. an F1), he will need to file for an extension of status that takes him at least 60 days beyond the period he is allowed to work so that he does not fall out of status during the time he is employed.  Finally, as an M1 student, he is only allowed to work in his field of study and he must be employed a minimum of 20 hrs per week to avoid falling out of status.

The school Francis is attending is interested in having Francis work for an entire year.  In addition, the school was interested in finding a way that they could hire Francis in the H1B category.  Francis had the required experience, training, and other higher education.  He could certainly perform the job.  However, if he only received 5 months of OPT, it would get Francis through to the filing of an H1B visa but cannot get him to October 1, 2015; the first day Francis would be allowed to work on H1B status; that’s only if he is lucky enough to get a visa.  If an excessive amount of H1B applications pour into the USCIS, then there will be a lottery.  Francis would have to be chosen through the lottery system and then hope for an approval of the H1B visa.  He will need to leave the United States, go to his home country for consular processing, and return in H1B status.

Another hurdle Francis may have to overcome is the fact that the USCIS cannot give him any more time than he is legally allowed; therefore, if there is a problem with the paperwork or with the length of time the government takes to process his paperwork, the number of days he is able to work will be reduced accordingly.

Let’s give you an example:  Let’s say the completion date is December 1 and  we file for employment authorization (EAD) on October 2.  The normal processing time for an EAD card is 90 days.  This means that you may not receive the approval until January 1 or later.  Francis is not able to begin work until he has the card in his possession.  Also, January 1, 2015 is 31 days after the completion of his program.  If the card is not approved by December 31, 2014, each day over the 30 days will cause time to be taken off the total amount of time he is allowed to work.  So if they do not approve the petition until February 1, he will lose 31 days of work opportunity; leaving about 4 months to work (based on a 20 month study program).

As you can see, it is quite tough for M1 students.  We cannot guarantee that they will get what they need or want.  We can offer to do the best job possible to move the paperwork efficiently through the system; so that, hopefully, you get your desired result.  Let us know if you are interested in a free consultation.

It is our pleasure  to introduce our most senior Paralegal, Linda Parrish, to our readers.

linda

 

Bio: 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. She enjoys quilting and crocheting in her spare time.