Articles Posted in Work Visas

fireworks-ga7b9b7691_1920
On behalf of our Law Office, we would like to wish you and your family a very happy Fourth of July. We hope that you have a relaxing holiday weekend with your loved ones. We look forward to providing you with more immigration updates in the coming week.

For those who are U.S. Citizens, let us know, what makes you proud to be an American? What are you most grateful for?

For those who are not yet Americans, what is your American dream? Let us know in the comments below.

50091854772_d0d3b61325_bMexico’s President Andres Manuel Lopez Obrador is set to visit the White House next month to discuss immigration and make a push for additional U.S. commitments to help curb rates of illegal immigration.

It has been rumored that during his visit, the Biden administration will announce an offer of 300,000 temporary work visas up for grabs for Mexican nationals and Central Americans.

Mexico’s Interior Minister Adan Augusto Lopez confirmed these reports in a business meeting explaining that the U.S. government has agreed to split the number of visas proportionally to both Mexican and Central Americans, in an effort to ease the migration challenges of both countries.

According to Lopez, “The American government agreed to issue, initially, 300,000 temporary work visas; 150,000 will be for Mexicans or for foreigners who are currently in Mexico waiting for the possibility to migrate north.” The Biden administration is expected to announce these measures during President Obrador’s visit in July.

“It’s a high price, in terms of social costs, for our country to be a crossing point for migrants and every day we’re talking with the American government to try to generate (better) conditions,” Lopez said in remarks during a business meeting in Tijuana, Mexico.

While the spokesperson at the U.S. Embassy in Mexico did not return requests for comment, it will be interesting to see how these developments will play out in the coming weeks.

Earlier this month, tensions grew between President Obrador and the Biden administration over the U.S. government’s decision to exclude Nicaragua, Cuba, and Venezuela from attending the Summit of the Americas due to human rights violations. Following the news, President Obrador declined to attend the Summit, and Foreign Minister Marcelo Ebrard took his place.

President Obrador’s visit will coincide with the 10th anniversary of the Deferred Action for Childhood Arrivals (DACA) program, prompting a renewed debate over U.S. immigration policy.

Continue reading

packages-gfaf2c587b_1280
We kickoff the start of a brand new week with some new developments in the world of immigration.


USCIS Transfers Certain H-1B Petitions to the California Service Center


On June 16, 2022, the U.S. Citizenship and Immigration Services announced that certain H-1B petitions, including fiscal year (FY 2023) cap subject H-1B petitions, going through the intake process at the Vermont Service Center (VSC) will be transferred to the California Service Center (CSC) where they will go through data intake and adjudication.

afghanistan-g35026ad96_1920

We are excited to share some very important news for Afghan nationals. On June 14, 2022, the U.S. Citizenship and Immigration Services (USCIS) announced new discretionary powers providing relief to certain Afghan nationals, who do not pose national or public safety risks to the United States.

The Secretary of Homeland Security and Secretary of State, have carved out 3 new exemptions which can be applied for on a case-by-case basis, to ensure individuals who would otherwise be eligible for the benefit or protection they are seeking are not automatically denied.

According to the announcement, Afghan nationals will be eligible only if they have undergone rigorous screening and vetting and are individually determined to not pose a risk to national security or public safety. The announcement further states that the Secretaries of State and Homeland Security, under both Republican and Democratic administrations, have exercised their exemption authority over 30 times previously, thus ensuring deserving individuals are not inadvertently subject to terrorism-related bars to admission and are eligible for protection in the United States. These new exemptions are expected to welcome thousands more Afghan nationals in the coming months.


Who may apply under these new exemptions?


There are three categories of applicants who may qualify for immigration benefits under these new exemptions. They are as follows:

  1. Afghans who supported U.S. military interests, specifically Afghan allies who fought or otherwise supported those who fought in the resistance movement against the Taliban and Afghans who took part in the conflict against the Soviet occupation of Afghanistan.
    • This could include individuals who fought alongside, or with assistance from, U.S. government entities, the United Nations, or the International Security Assistance Force (ISAF), or successor Force. It also includes individuals who supported U.S. interests and participated in the resistance movement to the Soviet invasion and occupation of Afghanistan between December 24, 1979 and April 28, 1992.
    • This exemption specifically does not include individuals who targeted non-combatants or U.S. interests, committed certain types of human rights abuses or violations, or acted on behalf of a designated terrorist organization.
  2. Individuals employed as civil servants in Afghanistan at any time from September 27, 1996 to December 22, 2001 or after August 15, 2021.
    • This could include teachers, professors, postal workers, doctors, and engineers, among others. Some civil servants held these positions prior to the Taliban announcing their so-called “interim government” and continued in their roles due to pressure, intimidation, or other hardship. In other instances, individuals used their positions to mitigate the repressive actions of the Taliban, often at great personal risk.

Continue reading

approved-gc01ea1702_1280

Did you file an EB-2 National Interest Waiver petition on or before June 1, 2021, and still haven’t received a decision? What about an EB-1 petition as a multinational executive or manager filed on or before January 1, 2021? If so, be prepared for some exciting news!

USCIS recently announced the news we have all been waiting for. The agency will soon allow such applicants to upgrade their petition to Premium Processing Service by filing Form I-907, Request for Premium Processing Service, and paying the required filing fee.


What is this next update all about?


On May 24, 2022, USCIS released a news alert notifying the public that it will expand premium processing service for certain petitioners who have filed a pending Form I-140, Immigrant Petition for Alien Worker under the EB-1 multinational executive/managers and EB-2 NIW immigrant classifications.


Who does this update apply to?


To qualify for premium processing service, you must have applied for your I-140 either under the E13 multinational executive, E13 manager classification, or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

Those who fall under the above categories will be eligible to upgrade their petitions by requesting premium processing service and filing Form I-907, Request for Premium Processing Service provided they filed their petitions with USCIS within a certain time period as discussed below.


When can I apply?


  • USCIS will accept premium processing service requests for E13 multinational executive and manager petitions starting June 1, 2022, but only for those E13 executive and manager petitions that were received by USCIS on or before January 1, 2021.
  • Additionally, USCIS will accept premium processing service requests for E21 National interest Waiver petitions, starting July 1, 2022, but only for those E21 NIW petitions that were received by USCIS on or before March 1, 2021.
  • Starting July 1, 2021, USCIS will also accept premium processing service requests, but only for those E13 multinational executive and manager petitions that were received by USCIS on or before March 1, 2021. 

Continue reading

farmer-g9cc60a154_1920

A brand-new week means new developments in the world of immigration. In this blog post, we share with you a new announcement from USCIS released on May 16, 2022, which reveals that an additional 35,000 H-2B temporary nonagricultural worker visas are up for grabs during the second half of fiscal year 2022.

The H-2B nonimmigrant program makes it possible for U.S. employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States. To qualify, employment must be of a temporary nature for a limited period of time such as a one-time occurrence, seasonal need, peak load need or intermittent need. The H-2B program requires the employer to complete wage attestation requirements with the Department of Labor and certify that there are not enough U.S. workers able, willing, qualified and able to perform the temporary work, and that employment will not adversely affect the wages and working conditions of similarly employed U.S. workers.

This is especially welcome news for U.S. employers who are looking to employ nonagricultural workers on a temporary basis during the period on or after April 1, 2022, through September 30, 2022. Petitions for the H-2B visas can be filed by employers beginning on Wednesday, May 18, 2022.

DHS Secretary Alejandro Mayorkas released these additional visa numbers to help U.S. employers meet labor shortages for seasonal workers.

The additional numbers will allow for 23,500 visas to be granted to returning workers who received an H-2B visa or were otherwise granted H-2B status during one of the last three fiscal years. The remaining 11,500 visas will be reserved for nationals of El Salvador, Guatemala, Honduras, and Haiti, regardless of whether they are returning workers.

For more information about these additional visa numbers, please click here.

Continue reading

calendar-g8c8b99c36_1920

In this blog post, we cover the release of the June Visa Bulletin 2022 and what you can expect for employment based and family preference categories during the upcoming month of June.

The Department of State releases the visa bulletin on a monthly basis, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.


Adjustment of Status Filing Chart June 2022


USCIS has not yet released the adjustment of status filing chart for the June Visa Bulletin, but it should be available soon on the following webpage:

In this chart, USCIS will define the cutoff dates for acceptance of adjustment of status applications next month (whether adjustment of status applications will be accepted based on the Final Action dates chart, or the Dates for Filing chart).


June 2022 Visa Bulletin Final Action Cutoff Dates


Employment-Based Categories


FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES


According to the Department of State’s June 2022 Visa Bulletin, the following final cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: India will advance by one year, to September 1, 2014, and China will remain at March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and EB-3 China will remain unchanged from the previous month, at January 15, 2012 and March 22, 2018, respectively. All other countries will remain current.
  • EB3 Other Workers: For this category, the Department of State has established a worldwide cutoff date of May 8, 2019, to avoid exceeding the annual numerical limits. EB-3 India and China will remain unchanged at January 15, 2012 and June 1, 2012, respectively.
  • EB-5: The Department of State has taken corrective action by establishing a Final Action cutoff date of November 22, 2015, for the EB-5 China Unreserved Non-Regional Center (C5 and T5) categories. It will also apply to EB-5 Unreserved Regional Center (I5 and R5) case types. EB-5 Final Action dates will remain current for all countries and for all EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure).

Continue reading

clock-g71f18a119_1920
Welcome back to Visalawyerblog! New developments are underway by the U.S. Citizenship and Immigration Services (USCIS) to improve the way the agency is communicating case processing times to members of the public.

The agency recently announced new efforts to streamline information provided on its processing times webpage. For each type of immigration benefit, USCIS releases information regarding how much time it is taking the agency to process that particular application, petition, or request. Previously, processing times were estimated based on how long the agency took to approve or deny a certain percentile of forms or petitions over the prior 6-month period.

Now, USCIS has updated their webpage so that users can find the processing time information for their particular type of case, rather than seeing an aggregate of all related case types. This provides applicants with a more accurate picture of how long their particular type of case is taking to be processed.

woman-g95091901a_1280

USCIS is about to make it a lot easier for certain noncitizens to remain employment authorized. On May 3, 2022, the agency announced a new Temporary Final Rule (TPR) that automatically extends the period of employment authorization on Employment Authorization Documents (EADs) from 180 days up to 540 total days.

The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This new regulation became effective as of yesterday, May 4, 2022, and will be in effect until October 15, 2025. Once the regulation reaches its time limit, the automatic extension will revert to 180 days.

USCIS decided to issue this new policy to prevent employment interruptions for noncitizens that have pending EAD renewal applications with the agency (Form I-765 Application for Employment Authorization).


Who qualifies for the automatic extension?


The additional extension of up to 540 total days will be available only to renewal applicants who timely file a Form I-765 renewal application with USCIS from the period of May 4, 2022, to October 26, 2023, and who were previously eligible to receive the 180-day automatic extension.

For those who file their Form I-765 renewal application after October 26, 2023, the normal 180-day automatic extension period will apply.


You are eligible for the automatic extension if you:

  • Properly filed Form I-765 for a renewal of their employment authorization and/or EAD before their current EAD expired, and
  • Were otherwise eligible for a renewal, meaning that:
    • Their renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
    • The Category on their current EAD matches the “Class Requested” listed on their Form I-797C Notice of Action, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes).

Which categories are eligible?


You must be in one of the following employment eligible categories to be eligible to receive an automatic extension of up to 540 days and your renewal application must be timely filed by October 26, 2023:

Continue reading

friendship-g19ec5f524_1920

We kick off the start of a brand-new week with some interesting revelations. On April 28, 2022, President Biden issued a letter proposing a new immigration measure that, if passed, could offer highly educated Russian nationals a pathway to permanent residency.

What is it all about?


The Russian invasion of Ukraine has left scientists and engineers seeking stable ground, with many young STEM talent looking to its European neighbors for employment opportunities.

In a letter to the House of Representatives, the Biden administration called for a measure to be approved as part of requested legislation for emergency supplemental funding to Ukraine.

Biden’s proposals seek amendment of Section 203(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)) effectively welcoming Russian STEM talent to the United States.


What does the measure propose?


By amending Section 203(b)(2), the U.S. government would essentially eliminate the need for Russian nationals, with a master’s or doctoral degree in a STEM field, to obtain an employment sponsor (job offer from a U.S. employer) and eliminate placement in the green card backlogs.

Under Biden’s proposal, adjudication of visas for such individuals would occur within just 90 days if possible, taking into account the need for security assessments. The proposed measure would end after four years (unless extended by Congress).

The measure has been proposed to ensure retention of talented Russian scientists and engineers. Interestingly, the letter highlights that the prospects of obtaining H-1B visa status for this group are lowered considering the numerical limits, and record H-1B registrations that far outweigh the number of available visas. In fiscal year 2023, USCIS announced that it received 483,927 H-1B registrations, a 57% increase over the last year. Only 127,600 registrations were selected to meet the H-1B quota (or 26% of total registrations).


Legislative Text


The legislative text of the provision reads as follows:

“IN GENERAL.— Section 203(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)) is amended by adding at the end the following:

“(D) Notwithstanding subparagraph (B), the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States shall not apply to aliens (and the parents, spouses, and children of such aliens if accompanying or following to join) who—

“(i) are citizens of Russia;

(ii) have earned a masters or doctoral degree in the United States or an equivalent foreign degree in a field involving science, technology, engineering, or mathematics, including but not limited to degrees relevant to the following fields: Advanced Computing, Advanced Engineering Materials, Advanced Gas Turbine Engine Technologies, Advanced Manufacturing, Advanced and Networked Sensing and Signature Management, Advanced Nuclear Energy Technologies, Advanced Particle Detector Instrumentation Technologies, Artificial Intelligence, Autonomous Systems and Robotics, Biotechnologies, Communication and Networking Technologies, Cybersecurity, Directed Energy, Financial Technologies, Human-Machine Interfaces, Hypersonics, Advanced Missile Propulsion Technologies, Networked Sensors and Sensing, Quantum Information Technologies, Renewable Energy Generation and Storage, Semiconductors and Microelectronics, Space Technologies and Systems; and “(iii) are seeking admission to engage in work in the United States in an endeavor related to science, technology, engineering, or mathematics.”

Continue reading