Due to COVID-19, we are providing calls via PHONE or VIDEO conferencing for your safety.

Please call us 619.819.9204 we are here for YOU! READ MORE

Articles Posted in Nonimmigrant Visas

rainy-day-3332899_1920

The economic fallout of the coronavirus pandemic has been felt by nearly all sectors of the economy, but perhaps the most unexpected victim has been the United States Citizenship and Immigration Services (USCIS).

Unlike many other government agencies, USCIS does not depend on government funding to survive. Instead, the agency primarily relies on fees, charged to applicants and petitioners applying for immigration benefits, to remain in operation.

A spokesman for the agency recently revealed that the agency is strapped for cash. Americans nationwide have had to cut back on spending during this coronavirus pandemic, leaving little money to spare on the very expensive filing fees required for various types of immigration benefits, such as citizenship and green card applications. The agency is in such a precarious position that it has now asked the United States government for a $1.2 billion bailout to remain in operation.

USCIS has said that its revenue could plummet by more than 60 percent by the end of the fiscal year which ends on September 30, 2020. If the agency does not receive additional funding from the government, it will run out of money by the summertime.

In anticipation of its decreased revenue, USCIS is preparing to take drastic measures to stay afloat, such as adding a 10 percent “surcharge” to applications, on top of proposed filing fee increases. These additional fees could be imposed within the coming months.

Of course, an increase in fees is bad news for non-citizens who are already struggling to make ends meet.

Many have blamed President Trump’s restrictive policies on immigration for the decrease in revenue. The President’s most recent proclamations coupled with his restrictive immigration policies have made it more difficult for immigrants and non-immigrants alike to obtain immigration benefits. These policies have been designed to discourage foreign nationals from seeking immigration benefits because of the high rate of visa denials. In addition, the most recent proclamation has kept consular immigration at a standstill.

Continue reading

sharon-mccutcheon-jU40gA2UDmA-unsplash-scaled

The House of Representatives has introduced a new bill called the HEROES Act, (Health and Economic Recovery Omnibus Emergency Solutions Act), that provides short term financial relief during this health crisis. In this post, we discuss who would be covered under the HEROES Act and what type of relief would be provided by the Act.

To become law, the HEROES Act will need to be approved by the Senate and signed by the President. The President has openly voiced his opposition for the bill because the bill authorizes federal funds for undocumented immigrants. The bill will likely receive push back in the Republican controlled Senate or at the very least be subject to significant changes. Nonetheless if the bill fails, it will at least provide a foundation upon which Congress can reach a compromise.


What is it?


The HEROES Act is a $3 trillion bill that would provide stimulus checks to individuals who did not previously qualify for stimulus checks under the CARES Act (Coronavirus Aid, Relief, and Economic Security), such as undocumented immigrants.


Relief for Undocumented Individuals


The HEROES Act would provide temporary relief from deportation for undocumented immigrants working in essential fields such as health care workers and allow them to apply for employment authorization throughout the period of the pandemic. In addition, unlike the CARES Act, undocumented immigrants and their families would be eligible to receive stimulus checks. The HEROES Act would allow direct payments to be issued in the amount of – $1,200 for an individual, $2,400 for joint filers, and $1,200 for up to three dependents. The HEROES Act would also authorize undocumented immigrants to be eligible for the first round of stimulus checks sent out in April. The Act also proposes additional health care benefits for immigrants who are eligible for Medicaid and would require immigration authorities to release people from immigration detention where possible.


Low-Risk Detainees


The HEROES Act would require Immigration and Customs Enforcement (ICE) to evaluate the files of detained immigrants and release those who are not subject to mandatory detention, and those who do not pose a risk to national security. In the alternative the HEROES Act would encourage ICE to pursue low-cost alternatives to detention for low-risk immigrants such as requiring detainees to wear ankle bracelet monitors.

The bill would also require detention facilities to provide detainees with free and unlimited soap, as well as phone and video call accessibility to communicate with family and legal representatives.


Expedited Processing for Foreign Medical Workers


The HEROES Act would require expedited visa and green card processing for foreign medical workers seeking to practice medicine, conduct medical research, or pursue education or training to combat COVID-19. Consulates and Embassies worldwide would also be required to prioritize visa interviews for these workers, granting emergency appointments in person or teleconference appointments. Foreign doctors who have completed residency programs in the United States would be eligible to receive permanent residence on an expedited basis. Medical professionals in H-1B status would be eligible to transfer between hospital systems without having to apply for a new visa. In addition, medical students would be eligible to transfer rotations within their host institution and would be compensated for their work throughout the pandemic. In addition, such students could work outside of their approved program so long as their work relates to fighting COVID-19.

Continue reading

donald-trump-4921211_1280

On May 7th just days after the President signed his controversial April 22nd executive order limiting the immigration of certain aliens to the United States for 60 days, Republican senators rallied together to urge the President to pass more immigration restrictions—this time targeting nonimmigrant foreign workers.

Republican Senators Tom Cotton of Arkansas, Ted Cruz of Texas, Chuck Grassley of Iowa, and Josh Hawley of Missouri fired off an impassioned plea to the President asking him to suspend all new guest worker visas for a period of 60 days, and certain categories of new guest worker visas for at least the next year until unemployment levels have returned to normal.

In their letter, the Senators justified their request stating that, “the United States admits more than one million nonimmigrant guest workers every year, and there is no reason to admit most such workers when our unemployment is so high.” The letter continued “given the extreme lack of available jobs for American job-seekers as portions of our economic begin to reopen, it defies common sense to admit additional foreign guest workers to compete for such limited employment.”

The Senators praised the President for passing the April 22nd proclamation but said that more needs to be done because guest worker programs “remain a serious threat to the U.S. labor market’s recovery.”

The Senators said that exceptions to the 60-day suspension should be rare and limited to time-sensitive industries such as agriculture and issued only on a case-by-case basis when the employer can demonstrate that they have been unable to find Americans to take the jobs.

Continue reading

nafinia-putra-Kwdp-0pok-I-unsplash-scaled

In this post we would like to address some of our clients frequently asked questions regarding the Payment Protection Program, a loan forgiveness program created by the CARES Act (Coronavirus Aid, Relief, and Economic Security Act).

In response to the Coronavirus pandemic, the United States government recently passed a bill providing emergency financial relief to individuals, families, and small businesses. As you know, the majority of states nationwide have issued stay-at-home orders requiring the public to avoid all nonessential outings and stay at home as much as possible. Non-essential businesses have also been ordered to close their facilities to the public until further notice. Essential businesses have been allowed to continue to operate such as grocery stores, pharmacies, health care facilities, banking, law enforcement, and other emergency services.

One of the main provisions of the bill, known as the CARES Act (Coronavirus Aid, Relief, and Economic Security Act), allocates billions of dollars in loans to small businesses who are feeling the economic impact of the stay-at-home orders. The CARES Act specifically authorized the Small Business Administration (SBA) to create the Payment Protection Program for the purpose of providing financial assistance to small businesses nationwide that have been adversely impacted by the COVID-19 crisis. SBA lenders began accepting loan applications from small business owners on April 3, 2020. Applications will continue to be accepted until June 30, 2020. It is important for business owners to apply for these loans as soon as possible.

  1. What is the Payment Protection Program?

In a nutshell, the Payment Protection Program is a loan forgiveness program that allows small businesses (of 500 or fewer employees) to apply for loans of (1) $10 million or (2) 2.5x the average total monthly payments of the company’s payroll costs, whichever is less.

Loans under this Paycheck Protection Program (PPP) will be 100 percent guaranteed by SBA, and the full principal amount of the loans will qualify for loan forgiveness provided that:

(1) the business was in operation on February 15, 2020 and either had (a) employees for whom you paid salaries and payroll taxes or (b) paid independent contractors as reported on Form 1099;

(2) all employees are kept on the payroll for 8 weeks and;

(3) the money is used for payroll costs, rent, mortgage interest, or utilities (at least 75% of the forgiven amount must have been used for payroll).

Continue reading

claudio-schwarz-purzlbaum-q8kR_ie6WnI-unsplash-scaled

Welcome back to Visalawyerblog! As you all know, USCIS recently announced that it has completed the selection process to meet the 65,000/20,000 annual numerical limitations for H-1B fiscal year 2021.

All accountholders should have been notified of selection via their USCIS online accounts by March 31,2020. We can confirm that our office received all notices of selection before March 31, 2020.

If you were selected, the following status will appear on the petitioner’s USCIS online account:

Selected: Selected to file an FY 2021 H-1B cap-subject petition.

What’s Next?

Now that the selection process has been completed, petitioners who properly registered the beneficiary through the mandatory H-1B electronic registration process and were selected in the lottery are eligible to file a FY 2021 H-1B cap-subject petition with USCIS.

Petitioners who were not selected cannot file a petition with USCIS.

Please note that selection does not mean that an H-1B petition has been approved. The petitioner must still establish eligibility for petition approval at the time of filing and the application must go through adjudication based on existing statutory and regulatory requirements.

When can I file?

H-1B cap-subject petitions for FY 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration (as of April 1st). 

Continue reading

ashkan-forouzani-IXSgwfBGnCg-unsplash-scaled
In this post we bring you the latest immigration related COVID-19 updates. During this difficult time, we would like to extend our heartfelt regards to you and your families. We hope you are staying safe and taking the necessary precautions to prevent the spread of COVID-19. The sooner we abide by government measures, the sooner we can overcome this pandemic as a Nation. Additionally, please remember that although our office is closed to the public, we continue to function behind the scenes to file your petitions on a timely basis. If you have any questions regarding your immigration options, or your currently pending case, we would be glad to assist you by telephone, Zoom, or Skype.

President Extends Federal Social Distancing Guidelines to April 30

This past Sunday, March 29, 2020, the President of the United States extended the Nation’s social distancing guidelines for another 30 days, following warnings from health advisers of the serious consequences that could result if Americans were allowed to return to normal life. Pursuant to this order, social time will continue to be limited only to necessary outings such as grocery shopping, medical appointments, etc. until April 30.

free-to-use-sounds-1xT5Yz2Am0M-unsplash-scaled

It has been nearly two weeks since the President of the United States declared a public health emergency for COVID-19, forcing the American economy to come to a screeching halt. Thereafter, states enacted their own measures requiring non-essential businesses across the country to shutter temporarily until the virus has been contained. Although these measures have been undoubtedly necessary to prevent the rapid spread of the virus, the majority of Americans nationwide have lost their livelihoods overnight.

This past week lawmakers have been busy drawing up legislation that would provide emergency financial assistance for individuals, families, and businesses in the United States.

This afternoon Congress approved the Coronavirus Aid, Relief and Economic Security Act (CARES), and the bill now heads to the President’s desk for signature.

Although this legislation is sweeping in scope, this post will specifically discuss financial relief for individuals and families, and more importantly which individuals will qualify to receive financial assistance.

What does the CARES Act do for individuals and their families?

Under the Act, most single individuals earning less than $75,000 can expect to receive a one-time payment of $1,200. Married couples filing jointly (earning less than $150,000), would each receive a check ($2,400) and families would receive $500 per child. For example, a family of four earning less than $150,000 can expect to receive $3,400.

Rebates would begin to phase out at $75,000 for singles, $112,500 for heads of household, and $150,000 for joint taxpayers at 5 percent per dollar of qualified income, or $50 per $1,000 earned. Rebates phase out completely at $99,000 for single taxpayers with no children and $198,000 for joint taxpayers with no children.

Continue reading

SAPOCHNICK-LAW-FIRM-1

As the impact of COVID-19 grows, we think it is important that you hear directly from us about the mitigation efforts that we the Sapochnick Law Firm have enacted to reduce the risk of infection to our clients, attorneys, and valued staff members.

At this critical juncture, our focus remains providing the highest quality of service to our clients, while at the same time preserving the health, safety, and wellbeing of all those we come in contact with.

To that end, our Firm is hard at work to avoid critical disruptions in service from the COVID-19 outbreak, while at the same time acting responsibly to do what we can to prevent further spread of this virus. We continue to closely monitor and assess this evolving situation and are diligent about communicating with affected clients regarding delays or other issues resulting from this evolving situation. In recognizing the fluidity of this situation, we have engaged our executive staff to meet regularly to monitor activities and amend our policies accordingly.

Our approach to COVID-19

In meeting the needs of our clients while complying with government directives, our Firm has established an Alternate Work Schedule Program that incorporates business continuity for all critical and essential services, especially those in which time is of the essence. In part, our Firm will engage the use of sophisticated and effective remote working software that will allow non-essential employees to work from the comfort of their homes to promote social distancing and reduce transmission. Essential employees in good health will continue to work in office, however every effort will be made to limit client meetings to only those that are essential and cannot be carried out through online platforms.

Continue reading

ashkan-forouzani-ignxm3E1Rg4-unsplash-scaled

In the midst of the ongoing Coronavirus (COVID 19) pandemic, USCIS reminds applicants and petitioners impacted by the pandemic that they can seek certain types of discretionary relief on a case-by-case basis.

Relief for Individuals Seeking Extensions/Change of Status

Special relief is available to individuals who were unable to file an extension or change of status petition before the end of their authorized stay expired, if a special situation prevented the individual’s departure and/or filing.

According to USCIS, “when applying for an extension or change of status due to a special situation that prevented your planned and timely departure,” the agency “may take into consideration how the special situation prevented your departure.”

In addition, if an applicant was not able to apply for an extension or change of status before their authorized period of admission expired, USCIS in their discretion may excuse the delay if it was due to extraordinary circumstances beyond the applicant’s control. An applicant in such a situation should be prepared to provide documentary evidence of those extraordinary circumstances. Depending on the applicant’s situation, the types of evidence that can be provided will vary.

Relief for F-1 Students Based on Severe Economic Hardship Caused by Unforeseen Circumstances

F-1 students who are experiencing severe economic hardship because of unforeseen circumstances beyond their control (such as those impacted by the COVID 19 pandemic) may request employment authorization to work off-campus (if they meet certain regulatory requirements) by filing Form I-765 Application for Employment Authorization along with Form I-20, and supporting materials. See 8 CFR 214.2(f)(9).

The student’s Form I-20 must include the employment page completed by your Designated School Official, certifying your eligibility for off-campus employment due to severe economic hardship caused by unforeseen circumstances beyond your control.

Continue reading

test-4481925_1920-1

In this post, we will discuss Form DS-5540, a mandatory public charge questionnaire that must be completed by all foreign nationals seeking an immigrant visa at a U.S. Consulate or Embassy abroad and some non-immigrant visa applicants.

What is Form DS-5540, Public Charge Questionnaire?

Shortly after the publication of the public charge rule in the Federal Register, the government published a separate rule requiring applicants seeking immigrant visas, including diversity visas, at a Consulate abroad, to complete Form DS-5540, except for certain types of immigrants exempt from the public charge ground of inadmissibility such as self-petitioners under the Violence Against Women Act (VAWA) and Afghan and Iraqi interpreters applying for special immigrant visas.

In addition, the government has given consular officers broad discretion to require nonimmigrant visa applicants to complete DS-5540, if for example the officer determines more information is needed regarding the applicant’s ability to financially support themselves following entry into the United States, without depending on the government’s assistance, or if the consular officer is not satisfied with the information provided by the applicant.

Therefore, consular officers have the power to request nonimmigrant visa applicants to complete DS-5540.

The DS-5540 solicits information that helps consular officers determine whether applicants are subject to the public charge visa ineligibility ground (section 212(a)(4) of the Immigration and Nationality Act) and will not rely on certain specific public resources upon entering the United States.

Continue reading