Visa Lawyer BlogFrom our family to yours, Happy Labor Day!
Visa’s Unavailable for Chinese EB-5 Applicants for 2014 Fiscal Year
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.
The Canadian Solution for Bypassing the Employment Based Quota System
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
Where is Immigration Reform Headed?
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:
Can M1 Visa Students Apply for Work Authorization?
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.
Staff Spotlight: Linda Parrish Senior Paralegal & Notary Public
It is our pleasure to introduce our most senior Paralegal, Linda Parrish, to our readers.
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.
Conditions of Employment and Volunteer Work While on OPT and STEM OPT Extension
By Ekaterina Powell, Esq.
Our office has received a few inquiries on the subject of volunteer work while on OPT and consequences of unemployment, and we have decided to address these issues in further detail for our readers.
Conditions of Employment while on OPT
DOS & CBP Procedures for Travel Permission for Visa Applicants Affected by CCD Technical Problems
The Department of State (DOS) and U.S. Customs and Border Protection (CBP) have announced a joint initiative, in response to the technical problems the U.S. Department of State’s Consular Consolidated Database (CCD)—responsible for the issuance of visas—has been experiencing. These technical problems have had a significant impact on the department’s ability to process nonimmigrant visas, causing worldwide delays. Together the DOS and CBP will waive the visa requirements for nonimmigrant visa applicants seeking admission into the United States on a case by case basis. Applicants who have applied for but have not been issued non-immigrant visas, due to such delays, may request consideration from DOS and CBP for special travel permission to the United States under the following conditions:
The applicant’s travel to the United States must be considered urgent, involving a bona fide emergency, such as urgent humanitarian travel and life and death situations, or a situation that impacts U.S. national interests. DOS and CBP will respond to such requests via their joint task force teams. Travel permission that has been approved will be facilitated by the DOS.
All individuals requesting emergency travel are required to have a pending visa application with the DOS that has not been approved as a result of delays caused by the Consular Consolidated Database.
Application for TN under NAFTA
By Yingfei Zhou, Esq.
The TN is a wonderful category to achieve quick entry for Canadians and Mexicans without the extra H-1B baggage of a labor condition application (LCA) or specialty occupation analysis. Canadian professionals listed in Appendix 1603. D.1 to Annex 1603 of NAFTA can apply and be admitted to the U.S. under TN work category in a 24-hour period. The TN is also useful Canadians and Mexicans who have used up their allotted L-1 and/or H-1B time.
When presenting a TN application at a POE/PFI, the application paperwork should be straightforward and streamlined. You need to bring proof of your Canadian or Mexican citizenship, a detailed letter describing the professional activity as it appears in 8 CFR 214.6, documentation of the credentials as listed in Appendix 1603.D.1 (a resume is recommended), and application fee. The application must include every item required in 8 CFR 214.6(d).
Expedite Requests for Cases Rejected or Denied Based on USCIS Administrative Error
If your petition or application was denied or rejected based on a data entry and/or administrative error, it is possible to request an expedited review of your case and correction of the decision within a period of 5 business days, once the request is received by USCIS. In order to make such a request, the applicant or legal representative can contact the National Customer Service Center at the following phone number (800) 375-5283 if the applicant or legal representative believes the administrative error fits into the following categories:
It is important to note that any decision arising from this process does not affect expected processing times for appeals, motions, fixing errors made by the applicant or legal representative, does not create an independent right of action, nor addresses errors not specified in the categories above.
Please contact our office for legal advice.