It’s that time of year again, when we are called to count our blessings, and you are certainly one of them! Our customers are the reason we thrive. Thank you so much for choosing us time and time again. We wish you and yours a very happy Thanksgiving!
Please be aware that our office is closed in observance of the Thanksgiving holiday on Thursday November 28th and Friday November 29th.
We will be happy to serve you upon our return on Monday December 2nd.
Los Angeles has become the first of many cities to use its legislative powers to protect undocumented immigrants from the threat of deportation.
On November 19, 2024, the Los Angeles City Council passed a “sanctuary city” ordinance, prohibiting the use of the city’s resources and personnel to carry out federal immigration enforcement actions. This move was made ahead of the President-elect’s campaign promise to carry out mass deportations.
Los Angeles has long protected the rights of immigrants by refusing to cooperate with federal immigration authorities. Now that commitment has been codified by law.
More than 11 states have taken similar actions to reduce their cooperation with federal immigration authorities.
Upon taking office, Trump could retaliate by issuing an executive order to withhold federal funding from sanctuary cities like Los Angeles. His administration has also vowed to pass legislation to outlaw sanctuary cities.
While it is not yet known the degree to which Trump will deliver on his campaign promises, individuals close to his administration have spoken to the media about his plans on condition of anonymity.
According to a recent report by NBC news, on Day One of his presidency, Trump is expected to issue five executive orders delivering on his promise to put a stop to illegal immigration. Many other executive orders are expected to follow, designed to undo the Biden administration’s policies on subjects like abortion and gender affirming care.
In this blog post, we discuss how Trump’s return to the White House on January 20th could impact employment-based visa applicants and their employers in the years ahead.
While the Trump campaign has been very vocal about their zero-tolerance policy toward illegal immigration, much less has been said about employment-based immigration. For that reason, it has been hard to know exactly what lies ahead for foreign workers.
While we don’t have all the answers, Trump’s track record on employment-based immigration helps provide insights into the changes we are likely to see during his second term.
To help readers understand how the incoming Trump administration may impact employment-based immigration, we have drawn up the top five areas where there is a high likelihood that changes may be introduced either by executive action or internal policymaking.
This information is based on our collective experience dealing with immigration agencies during Trump’s first term in office. Readers should be aware that none of this information is set in stone. Immigration policies are likely to evolve as the Trump administration settles in and as the political climate becomes more balanced.
Increasing Vetting and Processing Times for Employment-Based Workers
Foreign workers who plan to file employment-based cases should be aware of the following potential changes in the months ahead.
In 2017, the Trump administration made the employment-based green card application process much more difficult when it required adjustment of status applicants to attend in-person interviews.
This directive was handed down with the passage of Trump’s executive order known as “Protecting the Nation from Foreign Terrorist Entry Into the United States.” This executive order was meant to crack down on immigration, by combating fraud and abuse in the green card process.
The decision to reinstate visa interviews for employment-based green card applicants led to a sharp increase in processing times at USCIS offices nationwide. This was due to the increased demand for interviews and limited resources available to accommodate the surge in applicants.
While in-person interviews are generally required under the law, prior to Trump’s presidency, the U.S. Citizenship and Immigration Services (USCIS) waived in-person interviews for a broad category of applicants, including employment-based green card applicants to better allocate resources toward higher risk cases.
The fallout of the 2024 Presidential election has left high-skilled foreign workers asking what the Trump administration may have in store for them in the new year.
Perhaps the most vulnerable to attack is the H-1B work visa program, which was previously targeted by the Trump administration. A second term for Donald Trump promises to bring a new set of challenges for H-1B workers, including a hike on mandated salaries paid by U.S. employers, and increased scrutiny leading to a predicted surge in Requests for Evidence and H-1B visa denials.
About the H-1B Work Visa
H-1B workers are a subset of professional workers that have long filled a critical need in the U.S. labor market, especially for those working in the sciences, technology, engineering, and mathematics (STEM) fields.
Every year, U.S. employers from hundreds of industries use the H-1B visa program to bring highly skilled and well-educated foreign professionals to work for them in the United States. To qualify, H-1B workers must have a job offer from a U.S. employer to work in a “specialty occupation,” which requires a baccalaureate degree or the equivalent work experience to work in the field. Applicants must demonstrate that they have the academic and professional qualifications to work for the U.S. employer.
Only 65,000 H-1B visas are available every year, with an additional 20,000 visas made available to professionals with a U.S. master’s degree or higher in their field.
The annual visa limits mean that the H-1B work visa program is a “lottery” based visa, requiring employers to submit an electronic registration every Spring, to have a chance of being selected.
As we observe Veteran’s Day, we pause to honor and express our deep gratitude to all those who have served in our nation’s armed forces. Their courage, dedication, and sacrifices have shaped the freedoms we enjoy today.
At the Law Offices of Jacob Sapochnick, we recognize the importance of this day and extend our appreciation to all veterans and their families for their service.
Please be aware that our office is closed in observance of the Veteran’s Day holiday today Monday November 11th. We will be proud to serve you upon our return on Tuesday November 12th. Happy Veterans Day!
In the complex landscape of U.S. immigration, the O-1A visa stands out as a great option for individuals with extraordinary abilities in fields such as business, sciences, athletics, or education. This visa offers a pathway for highly talented professionals to work in the United States while showcasing their exceptional expertise.
An O-1A visa petition must be supported by documentation showing receipt of a major internationally recognized award, like a Nobel Prize. However, if the applicant has not received such an award, they may still apply if they meet at least three of the following criteria:
“Sophia’s” O-1A Journey
In our client’s case, “Sophia” was a Marketing Development professional with over 13 years of experience, creating innovative campaigns for well-known businesses throughout the world.
In support of her O-1A visa, “Sophia,” provided ample evidence to meet more than three of the criteria, including evidence of her leading roles as a marketing professional throughout her career, memberships in prestigious organizations, judging positions in her profession, evidence of high compensation as a marketing professional, recognition in the major media, authorship of scholarly articles, and the exhibition of her work.
While “Sophia’s” immigration journey seemed to go smoothly at first, she ran into some challenges which prompted her to seek representation from our law office. In this blog post, you will learn how “Sophia” was able to bounce back and achieve success after experiencing a few hiccups along the way.
On September 19th the U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to reach the mandatory numerical cap on new H-2B visas for nonagricultural workers for the first half of fiscal year 2025.
As a result, USCIS will reject any new cap-subject H-2B petitions received after September 18th that request an employment start date before April 1, 2025.
USCIS will continue to accept H-2B petitions that are exempt from the congressionally mandated cap, including:
As of April 23, 2024, Portugal has joined the coveted list of countries eligible to participate in the E-2 Treaty Investor program via the passage of the Advancing Mutual Interests and Growing Our Success (AMIGOS) Act.
E-2 nonimmigrant visas are reserved for investors who are nationals of a treaty country. To qualify, an investment must be made into a U.S. company, the investor must hold at least 50% of the ownership interests, and the company must meet the E-2 visa requirements.
The E-2 visa is a very popular visa because there is no limit to the number of times the visa can be renewed, and it allows the company to sponsor other nationals of the treaty country as employees.
The addition of Portugal to the E-2 visa program presents a unique opportunity for Portuguese entrepreneurs to establish and grow their own businesses in the United States, while giving spousal dependents the opportunity to work for any employer in the United States.
It also presents an exciting opportunity for Brazilians who hold dual nationality with Portugal to participate in the program, as well as those who can obtain Portuguese citizenship through ancestry, legal residence, or by other lawful means.
Key Benefits of the E-2 visa program for Portuguese nationals
To all of our clients and readers of our blog, without you, we wouldn’t have (or love) our jobs! So we want to just say thanks on this Labor Day weekend and wish you a safe and healthy celebration!
In observance of the Labor Day holiday our offices will be closed Monday September 2nd. We will return to our normal business hours on Tuesday September 3rd. We look forward to serving you.
Parole in Place – Keeping Families Together Updates
As previously reported, a federal judge in Texas has temporarily blocked the Biden administration from approving parole requests under the Keeping Families Together program.
What does this mean for parole in place applications?
Due to a 14-day administrative stay handed down by District Court Judge J. Campbell Barker on August 26, 2024, in the case, Texas v. Department of Homeland Security, the U.S. Citizenship and Immigration Services (USCIS) cannot approve parole in place applications filed under the Keeping Families Together program.
The order may be extended by the judge at the conclusion of the 14-day period.
USCIS has stated on its webpage that during the district court’s administrative stay, USCIS will:
USCIS also reminds the public that the administrative stay does not affect any parole in place applications that were approved before the court’s administrative stay order was issued at 6:46 p.m. Eastern Time on August. 26, 2024.
Those who are eligible must consult with an immigration attorney as soon as possible to determine whether to proceed with applying for parole in place while applications are still being accepted by USCIS.
For more information about this lawsuit, please click here.
EB-1 Visa Updates
Recently, the State Department confirmed that all numbers in the EB-1 preference category have been utilized for fiscal year 2024 and that no further EB-1 visas/green cards will be issued for the remainder of this fiscal year which ends on September 30, 2024.
It is also foreseeable that the EB-2 and EB-4 categories will become unavailable in the near future.
Visa Lawyer Blog