Visa Lawyer Blog

by

On Friday, May 22, 2015 USCIS announced that it would be temporarily suspending premium processing for all H-1B Extension of Stay Petitions beginning May 26, 2015 to July 27, 2015 due to the high volume of anticipated applications for employment authorization under the H-4 final rule. During this time period, petitioners may NOT file Form I-907 to Request Premium Processing Service for a Form I-129, Petition for Nonimmigrant Worker, requesting an extension of stay for the H1B nonimmigrant.  This temporary suspension will allow USCIS to implement the new regulation ‘Employment Authorization final rule’ for certain H-4 spouses which became effective on May 26, 2015. The suspension of premium processing applications for H-1B Extensions will allow USCIS to process applications for H-4 spouses in a timely manner and will help USCIS adjudicate applications for employment authorization filed by H-4 nonimmigrants.

All premium processing requests for H-1B extension of stay petitions that were filed prior to May 26, 2015 will proceed as normal.

USCIS will refund premium processing fees for H-1B extension of stay petitions filed prior to May 26, 2015 if USCIS did not take action within the required 15 calendar day period.

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

USCIS released guidance on May 22, 2015 to clarify Administrative Appeal Office (AAO)’s precedent decision on April 9, 2015 on Matter of Simeio Solutions, LLC that all employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location.

When Must File an Amended Petition

In Matter of Simeio, AAO ruled than a material change occurs when an H-1B employee moves to a new location outside the geographic area of the LCA that was originally filed for the employee’s H-1B petition. Whenever there is a material change, an amended H-1B petition is required. Employers whose H-1B employees changed locations before or after this April 9 ruling to outside of the geographic area covered by the previous LCA are now all required to file amended H-1B petitions.

Continue reading

by

signup-1024x424
After more than 10 years of practicing immigration law the Law Offices of Jacob J. Sapochnick is excited to announce the release of attorney Jacob Sapochnick’s new e-book called ‘My American Job’ now available on Amazon for purchase. An immigrant himself, attorney Jacob Sapochnick first came to the United States on a student visa while studying for his masters in International Law in San Diego, California. Attorney Jacob Sapochnick’s e-book, ‘My American Job’ aims to assist foreign born workers navigate the complicated process of immigrating to the United States and having a shot at the American Dream. Attorney Jacob Sapochnick provides guidance having firsthand knowledge of the process himself. In his book, he explains the indispensable resources foreign born persons have at their disposal, namely showing foreigners how to use the power of the internet and social media to gain access to American employers and instructing foreign born persons on how to obtain working visas and permanent residence through the employment based sections of our country’s immigration laws. ‘My American Job’ was created with you in mind. In his book, attorney Jacob J. Sapochnick, Esq. teaches foreigners how they can stand out, how they can access the open American market, and how to successfully apply for an employment based visa.

My American Job is a guide advising and preparing foreigners  physically, mentally and financially, to maximize their chances for long term job success, overcome misconceptions and objections U.S. employers have about hiring foreign workers, navigate the job application and interview processes, land the job they want including how to leverage social media sites, using LinkedIn, Facebook, Twitter, and Google Plus for job searching, how to adapt to U.S. business customs, ideas, etiquette, protocol, and more.

https://www.youtube.com/watch?v=OHsNd1J1hHk

Continue reading

by

14124480404_0dc3f97e69_zBy Ekaterina Powell, Esq.

For many years, it has been unsettled in the law and practice whether a change in H-1B employee’s job location is considered to be a “material change” in the terms of employment, requiring filing of an H-1B amendment petition.

Prior Guidance

According to USCIS unofficial guidance (Letter from Efren Hernandez, Director Business and Trade Branch of USCIS, to Lynn Shotwell, Am. Council on Intl’s Pers., Inc., dated October 23, 2003), an amended H-1B petition was not required if the only change was in the location of employment and if the Labor Condition Application (LCA) was filed for the new job location prior to the employee’s move.

Despite that, we have heard reports of recent USCIS site visits to the places of H-1B beneficiaries’ employment, which resulted in the revocation of H-1B approvals if USCIS could not find the employee at the job location stated on the H-1B petition despite a valid LCA filed prior to the employee’s move.

This uncertainly was troubling as USCIS refused to issue any further clarifications or policy changes.

Precedent AAO Decision – H-1B Amendment Required

On April 9, 2015, Administrative Appeals Office (AAO) has issued a decision in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015) that finally put an end to the uncertainty surrounding the change in employees’ job location. The decision has been designated as a precedent and will be followed by USCIS in the H-1B adjudications and will be used by the consular officers during visa interviews.

In this precedent decision, the AAO revoked H-1B approval, finding there was a material change in beneficiary’s employment due to relocation to areas not covered by the original LCA and that an amended or new H-1B petition was required.

Continue reading

by

5484331458_0d2bc4f7e9

On Monday May 4, 2015 a federal appeals court heard arguments in the case Joseph Arpaio v. Barack Obama, et al, U.S. Court of Appeals for the District of Columbia Circuit, No. 14-5325. Back in November of 2014 in the wake of Obama’s executive actions, Maricopa County Sheriff Joe Arpaio sued President Barack Obama shortly after he announced his executive order extending Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)—a plan which would shield over 4.7 million eligible undocumented immigrants from removal proceedings. Arpaio along with 26 other states sued the administration claiming that the president had overstepped his executive power and that the executive actions were unconstitutional.

In the Arpaio case, two out of the three presiding judges from the District of Columbia ruled that Arpaio did not have standing to sue and that he had failed to prove that he was directly harmed by the executive actions. Arpaio had previously claimed that the executive actions directly harmed him because criminals would not be deported as a result of Obama’s executive actions. However, eligible recipients of extended DACA and DAPA would be required to demonstrate strong ties to the United States by providing documented evidence of their continuous residence in the United States, have no criminal record, and/or have U.S. born children.

Continue reading

by

5542172347_382f03532d_z

Today, May 4, 2015 USCIS announced that data entry for all H-1B cap-subject petitions has been completed for the 2016 fiscal year. USCIS is scheduled to begin returning all H-1B cap-subject petitions that were not selected in the computer-generated random lottery held early last month. Since USCIS received an unprecedented 233,000 cap-subject H-1B petitions (including master’s cap) we expect that it will take a few months for petitions that were not selected to be returned. USCIS has recommended that petitioners ask about the status of a submitted cap-subject petition only once the petitioner has received a receipt notice or until the unselected petition has been returned. USCIS will provide an announcement once all unselected petitions have been returned. Our office expects to receive the receipt notices for the remaining cap-subject petitions that have been selected in the lottery this week or the following week.

For more information please visit our website by clicking here.

by

398153455_71db0e26c9

You have Questions, We have your Answers. Here are answers to 6 of our Frequently Asked Questions

In this blog we are answering 6 of your frequently asked questions in detail. Please remember that every case and every story is different and unique. You should not compare your situation to anyone else’s. We hope that our answers will provide you with further guidance on your immigration journey. For any further questions please visit our website or call our office for a free legal consultation. We thank you for your continued trust in our law office.

Q: I have my green card and I can file for citizenship in the near future but my marriage is not working and I am trying to figure out my options.

A: The first question our office would have for you is whether you have a conditional 2 year green card or a 10 year green card? If you have a conditional 2 year green card you must apply for the I-751 removal of conditions application in order to receive the 10 year green card. It is possible to file the I-751 application for removal of conditions, even if you are now separated and in the process of dissolving the marriage or if you are legally divorced. This is called seeking a waiver of the joint filing requirement for the I-751 removal of conditions application or what is typically referred to as the I-751 waiver. In order to do so, you will need to indicate on the I-751 Removal of Conditions Application that you are seeking a waiver of the joint filing requirement. To file for an I-751 Waiver you must be presently separated and in the process of dissolving your marriage or already be legally divorced. Filing for a waiver of the I-751 is very detail-oriented and a very time consuming process, given that the applicant needs to prepare a detailed personal statement providing a detailed timeline of the relationship from beginning to end, as well as detailed information regarding why the marriage broke down and the applicant’s plans for the future. In addition, the applicant must be prepared to provide documented evidence that the marriage was entered into in good faith and the relationship and marriage was bona fide. You should definitely seek the help of an accredited legal representative to assist you in order for your application to be successful.

If you already have the 10 year green card, you cannot apply for citizenship until at least 5 years have passed from the date of becoming a permanent resident. If you have any arrests or other criminal history you must consult with an attorney or accredited legal representative. We would be happy to assist.

Continue reading

by

7971876818_98c1e4fe22

Today, April 28, 2015 the U.S. Department of Labor and Homeland Security announced two new rules governing the H-2B Visa Program. The first is a new interim final rule established for the purpose of reinstating and improving the H2B program and second, a final rule to establish the program’s prevailing wage methodology. These rules are designed to protect US workers allowing them to fairly apply to the same jobs being offered to H-2B workers. The rules are also designed so that employers can easily access temporary foreign workers at a time when American workers would be unavailable. The Department of Homeland Security will provide guidance for interim transition procedures that must be followed by US employers. Together, these rules will continue to support American businesses and the country’s economy as a whole bringing continuity and stability to the H-2B program by protecting workers via an improvement in prevailing wage methodology, working conditions, and benefits that must be offered to H-2B and US workers covered by these regulations.

These rules will include numerous provisions designed to expand recruitment of U.S. workers, include “real-time recruitment efforts,” require employers to recruit former US employees first before offering jobs to temporary foreign workers, and will establish a national electronic job registry.

For further information please continue to refer to our blog.

by

On April 13, 2015, USCIS has announced that it has reached the H-1B cap for fiscal year (FY) 2016. Nearly 233,000 H-1B petitions were received for this filing period, including petitions filed for the master’s cap, which is about 60,500 more in total than last year. Roughly, this year’s chances of being selected is about 36.5%.

As of our firm, about 18.4% of our cases were filed under master’s cap petitions and about 75% were filed in general bachelor’s cap, with remaining 6.6% being cap exempt petitions. 82.9% cases were filed with California Service Center and 17.1% were filed with Vermont Service Center.

USCIS has used a computer-generated random selection process to select enough petitions to meet the 65,000 general bachelor’s cap and the 20,000 master’s cap. USCIS conducted the selection process for the master’s cap petitions first. All un-selected advanced degree petitions then became part of the random selection process for the 65,000 limit.

Continue reading