Deportations | Obama has deported about 2 million people

Deportations: President Obama asked Jeh Johnson to review Deportation policy to make it move humane;
Obama has deported about two million people

Deportations | Obama has deported about 2 million people

FRAUD, TECHNICAL VIOLATIONS, AND/OR MISREPRESENTATION THAT COULD TRIGGER H-1B VISA REFUSAL OR ADMINISTRATIVE PROCESSING UNDER 221(g) AT A CONSULAR POST - By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

FRAUD, TECHNICAL VIOLATIONS, AND/OR MISREPRESENTATION THAT COULD TRIGGER H-1B VISA REFUSAL OR ADMINISTRATIVE PROCESSING UNDER 221(g) AT A CONSULAR POST - By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm



To be specific, Consular Officers derive such broad discretionary powers through section 221(g) of the Immigration and Nationality Act (INA). A quick glimpse at Section 221(g) provides the factors that may form the basis of visa refusals or administrative processing. In simple layman terms, the statements in the application or in the papers submitted therewith may trigger visa denial.

Schumer: Obama will act on immigration if GOP doesnt | TheHill

Schumer: Obama will act on immigration if GOP doesnt | TheHill



 “They have about a six-week window, from June 10 after the last
Republican primary until the August recess. If they don’t pass
immigration reform them, the president will have no choice but to act on
his own,” said Sen. Charles Schumer (N.Y.), the third-ranking Senate
Democratic leader and author of the comprehensive Senate immigration
reform proposal.

Read more: http://thehill.com/homenews/senate/206983-schumer-obama-will-act-unilaterally-on-immigration-reform#ixzz32ZdurH3m

Follow us: @thehill on Twitter | TheHill on Facebook

OPTIONS FOR H-1B LOTTERY LOSERS - PART 3

If you tried to get an H-1B on April 1st and you did not win the H-1B lottery please consider some other options that may or may not be available to you. Consider: E-2 INVESTOR; O-1 VISA FOR EXTRAORDINARY ABILITY; L-1A and L-1B INTRACOMPANY TRANSFERS. Our two other videos on YOUTUBE also help guide you about some of the other nonimmigrant visas that may be available to you if you did not win the H-1B lottery. We have also sought to discuss some of the issues with the L-1B specialized knowledge intracompany transfer visas.

OPTIONS FOR H-1B LOTTERY LOSERS - PART 3

DACA Immigration Latest News: Over Half A Million Dreamers Granted Deportation Deferral, Work Authorization

DACA Immigration Latest News: Over Half A Million Dreamers Granted Deportation Deferral, Work Authorization



The data shows that about 82 percent of all applicants since the program’s inception have been approved.  A little under a third (162,007)
live in California, while about half as many (88,106) are from Texas. 
They are overwhelmingly from Mexico, with about 77 percent of recipients
showing it as their country of origin, followed by Central Americans:
20,227 El Salvadorans, 13,301 Guatemalans and 13,223 Hondurans
successfully applied.  The total number of applications, even including
those rejected outright by USCIS, remains well below some independent
estimates of the number of Dreamers eligible. Last year, the nonpartisan
Migration Policy Institute (MPI) estimated, using census data, that about 1.9 million “Dreamers” could be eligible.

BETTER LATE THEN NEVER: USCIS SAYS THAT SOME H-4 NONIMMIGRANTS WILL BE ABLE TO WORK VERY SOON. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

The spouses of some H-1B visa holders could receive work authorization in the U.S., according to a proposed rule change announced by the Department of Homeland Security (DHS). This change, finds its genesis in President Obama's initiative to strengthen entrepreneurship and retain talent. Deputy Secretary Alejandro Mayorkas stated: "These steps will help the U.S. maintain competitiveness with other countries in our efforts to attract the best and the brightest high-skilled workers from around the world to support companies here at home. Businesses continue to need these high-skilled workers, and these rules ensure we do not cede the upper hand to other countries competing for the same talent."

The rule change will amend existing regulations to allow H-4 dependent spouses of certain H-1B visaholders to request employment authorization. Under current regulations, DHS does not allow employment authorization to H-4 dependents. The proposed changes allow H-4 dependent spouses of certain H-1B nonimmigrant workers to request employment authorization, as long as the H-1B worker has started the green card process through employment.

The proposed changes address visa rules that have caused difficulties for the spouses of skilled immigrants (mainly from China, India and the Philippines), who are working on H-1B visas. Spouses, mainly wives, often have skills and education, but are not authorized to work in the U.S., causing their careers to languish. The change is important given the backlogs for green cards. Spouses of highly-skilled workers with H-1B visas will now be able to seek employment during long waits.

In addition, and in furtherance of the same policy, another new rule was announced that will expand the current list of evidentiary criteria for employment-based preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations. This new rule harmonizes the regulations for EB-1 outstanding professors and researchers with other employment-based immigrant categories. The two proposed changes are important, but are not a long-term fix. Congress needs to act immediately and to pass legislation to improve the immigration system and to create an unfettered pathway for foreign entrepreneurs and innovators.

For more information about work authorization for H-4 visaholders or about CIR, please feel free to contact the Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group at info@visaserve.com or by calling our offices at 201-670-0006 (x107).

OPTIONS FOR H-1B LOTTERY LOSERS - PART 2

In addition to our previous video about options that are available for
those that did not wine the H-1B lottery, we propose considerations of
the E-1, E-2 and the E-3. We also suggest the possibility of looking at
the O-1 visa for those who are extraordinary in the arts, sciences and
in business. The L-1 visa may be another option to consider. 

BETTER LATE THEN NEVER: USCIS SAYS THAT SOME H-4 NONIMMIGRANTS WILL BE ABLE TO WORK VERY SOON. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

The spouses of some H-1B visa holders could receive work authorization in the U.S., according to a proposed rule change announced by the Department of Homeland Security (DHS). This change, finds its genesis in President Obama's initiative to strengthen entrepreneurship and retain talent. Deputy Secretary Alejandro Mayorkas stated: "These steps will help the U.S. maintain competitiveness with other countries in our efforts to attract the best and the brightest high-skilled workers from around the world to support companies here at home. Businesses continue to need these high-skilled workers, and these rules ensure we do not cede the upper hand to other countries competing for the same talent."

The rule change will amend existing regulations to allow H-4 dependent spouses of certain H-1B visaholders to request employment authorization. Under current regulations, DHS does not allow employment authorization to H-4 dependents. The proposed changes allow H-4 dependent spouses of certain H-1B nonimmigrant workers to request employment authorization, as long as the H-1B worker has started the green card process through employment.

The proposed changes address visa rules that have caused difficulties for the spouses of skilled immigrants (mainly from China, India and the Philippines), who are working on H-1B visas. Spouses, mainly wives, often have skills and education, but are not authorized to work in the U.S., causing their careers to languish. The change is important given the backlogs for green cards. Spouses of highly-skilled workers with H-1B visas will now be able to seek employment during long waits.

In addition, and in furtherance of the same policy, another new rule was announced that will expand the current list of evidentiary criteria for employment-based preference (EB-1) outstanding professors and researchers to allow the submission of evidence comparable to the other forms of evidence already listed in the regulations. This new rule harmonizes the regulations for EB-1 outstanding professors and researchers with other employment-based immigrant categories. The two proposed changes are important, but are not a long-term fix. Congress needs to act immediately and to pass legislation to improve the immigration system and to create an unfettered pathway for foreign entrepreneurs and innovators.

For more information about work authorization for H-4 visaholders or about CIR, please feel free to contact the Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group at info@visaserve.com or by calling our offices at 201-670-0006 (x107).

President Obama Speaks on Immigration Reform

OPTIONS FOR H-1B LOTTERY LOSERS - PART 1

Now that all of the new H-1B visas for the 2015 Fiscal Year have been
allocated, What options do Employers who are looking to hire Foreign National
Professionals have?




Here are some creative solutions to this problem:




OPT – STEM Extension
If the company is registered for
E-Verify, the database that enables employers to verify the legitimacy of work
authorization and identity documents at the time of hire, those who have been
granted 12 months of Optional Practical Training after graduation, are eligible
for a STEM extension of an additional 17 months of work authorization.




O-1 Visa


The O-1 visa is suited for individuals of extraordinary ability
or achievement. The O classification is a useful and flexible alternative to the
H-1B program because there is no overall limit on time in the classification and
there is no cap. O-1 beneficiaries in the sciences, arts, education, business,
or athletics must have extraordinary ability “demonstrated by sustained national
or international acclaim.”




E-3 Visa


The E-3 visa classification is limited to Australian
Professionals. The E-3 visa is a “specialty occupation” visa similar to the H-1B
visa. Therefore to be eligible for the visa, the Australian citizen must possess
a bachelor’s degree or higher (or its equivalent) in the specialty and the
specialty occupation must require the degree. There is a 10,500 annual limit on
the E-3 visa.




L-1 Visa


The L-1 visa is an option for international organizations with
offices in the United States who transfer employees to the United States for
temporary periods of time. In order to be eligible for an L-1 visa, the
petitioning entity must prove that the beneficiary of the visa has worked for
the non-U.S. based sister company/subsidiary for at least one full year within
the last three years as an executive, manager or employee with specialized
knowledge.




H-1B Visa for FY2016


WAIT for the H-1B FY2016 Quota. The
H-1B FY2016 Quota will open on April 1, 2015 with employment beginning on
October 1, 2015. 65,000 visas are annually allocated to foreign nationals who
possess a bachelor’s degree or higher (or its equivalent) in the specialty and
the specialty occupation must require the degree. We can begin to prepare cases
for the annual quota now; however, no cases will be filed with the USCIS towards
the CAP until after April 1, 2015.

OPTIONS FOR H-1B LOTTERY LOSERS - PART 1

H-4's may be able to work

As an incentive to retain skilled foreign professionals that the country needed to sustain the economic edge in the international competition, the USCIS planned an administrative fix to authorize the employment for the spouses of H-1B professionals. This plan is supposed to give benefits to the H-1B families as well as the country. From the perspectives of H-1B temporary foreign workers, this issue involves a number of issues for the family as well as the spouses. Typical H-1B foreign professionals are mostly in the twenties and some in thirties in ages. 

The forced full-time house wife status have created a serious problems, including the boredom of the forced unemployed spouses, not to mention a forced compromise of their own careers for not being able to continue their careers through employment. Unemployment leads them to face failure in updating their skills and knowledge and in the long run, they will have to lose their opportunity to continue their careers. This adds the mental and emotional stress for the professional spouses, not to mention a forced isolation in a foreign land without close relatives, friends, and neighbors. In the worst cases, this could create a marital problem. Because of such problems, some H-1B high-tech professional foreign workers had to return to their home countries to salvage their families as well as the spouse's careers.

H-4's may be able to work

IIFA 2014 - Tampa Bay, Florida

Bollywood put Indian cinema and culture at the forefront at the 15th International Indian Film Academy (IIFA) awards, which made its US debut this year. IIFA, which is hosted at a new venue every year, is also known as Bollywood’s Oscar.

EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP[i] - By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP[i] - By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm 



ith uncertainty looming large as to who may or may not cross the
'threshold' hurdle of H-1B visas, it is time that prospective H-1B visa
beneficiaries start exploring other work visa options that may allow
them to work and live in the United States on a temporary basis. This
article seeks to provide readers with the snapshot of possible work visa
options that may be available to prospective H-1B visa beneficiaries
who do not make to the H-1B cap.

EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP[i] - By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm

USCIS announced earlier that it has received 172,500 H-1B petitions for the fiscal year 2015 that will begin October 1, 2014. The lottery (also referred as "random selection process") has been completed and USCIS has started sending receipt notices. With uncertainty looming large as to who may or may not cross the 'threshold' hurdle of H-1B visas, it is time that prospective H-1B visa beneficiaries start exploring other work visa options that may allow them to work and live in the United States on a temporary basis. This article seeks to provide readers with the snapshot of possible work visa options that may be available to prospective H-1B visa beneficiaries who do not make to the H-1B cap.

Cap-Exempt H-1B visas

There are certain categories of cap-exempt H-1B visas. One such category is for foreign nationals having (or hoping to have) an employment offer from an institution of higher education (or related or affiliated nonprofit entities), or from a nonprofit/government research organization.[ii]

To be classified as cap-exempt, it not mandatory that prospective H-1B employee should be employed by the institution of higher education (or related or affiliated nonprofit entities), or nonprofit/governmental research organization. Prospective H-1B employee, employed by any employer, who will perform the majority of his/her work at the qualifying institutions mentioned could qualify for the cap-exempt H-1B visa provided the work performed should 'predominantly further' the normal, primary, or essential purpose of the qualifying institution.

To illustrate, consider the case of an Information Technology (IT) company having a contract with a U.S university[iii] for hiring and placing IT consultants for developing/customizing university software. Assuming that IT consultants hired by the consulting company will primarily work developing/customizing university's software and that the work will benefit the university in reaching one of its stated primary or essential goals; such employees may be treated as H-1B cap-exempt even though they will not be employed directly by the university.

Other Professional Specialty Worker Visas: H-1B1, TN and E-3 Visas

There are three nonimmigrant visa categories quite similar to H-1B visas that are designated for temporary professional workers from specific countries. These visas are based upon specific trade agreements that foreign nations have signed with the United States.

The 'H-1B1' visa program is designed specifically for the nationals of Chile and Singapore. Up to 6,800 visas (1,400 visas for the nationals of Chile, and 5,400 visas for the nationals of Singapore) are set aside from the H-1B cap of 65,000 during each fiscal year for the H-1B1 program. H-1B1 can be obtained at the U.S. Consulate/Embassy abroad without ever submitting a petition to the USCIS. Additionally, the Canadian and Mexican temporary professional workers may explore the option of TN classification. The regulations specify various categories of professions as well as the minimum qualifications for each profession that are covered by Appendix 1603.D.1 to Annex 1603 of North American Free Trade Agreement (NAFTA). Further, nationals of the Commonwealth of Australia may qualify for E-3 temporary work visas. Like the H-1B1, E-3 visas are subject to an annual cap of 10,500 per fiscal year.

Occupationally, H-1B1, TN and E-3 mirror the H-1B visa in that the foreign worker must be employed in a specialty occupation. While both H-1B1 and E-3 requires Labor Condition Application (LCA) attestation from the Department of Labor (DOL), TN visa does not impose this limitation. Unlike the H-1B, which is a "dual intent" visa, none of the above-mentioned categories recognize dual intent. In simple terms, while a foreign national employed in a valid H-1B status can pursue employed-based immigrant visa (commonly referred as employed-based "Green Card"), foreign nationals employed on H-1B1, TN or E-3 lack this advantage. However, foreign nationals employed in these categories can pursue their employment-based Green Card by changing their status to another nonimmigrant visa category such as H-1B, L-1, etc., which recognizes dual intent.

Treaty Trader/Investor Visa

A foreign national may qualify for an E visa depending on the type of agreement [Bilateral Investment Treaty (BIT), Free Trade Agreement (FTA), or Treaty of Friendship, Commerce and Navigation (FCN)] it has with the United States. There are two types of E visas: Treaty Trader visa (E-1) and Treaty Investor visa (E-2). Nationals of a foreign country having FTA may qualify for both an E-1 and E-2 visa, while BIT allows only for an E-2 visa.

For an E-1 visa, a foreign national entering the United States is required to carry on substantial trade which is international in scope, principally between U.S. and the foreign state. The E-2 visa, on the other hand, requires the foreign national develop and direct the operations of an enterprise in which the foreign national has invested, or is actively in the process of investing, a substantial amount of capital. The enterprise must be a bona fide enterprise. Further, a "key employee", including the executives and supervisors, or persons whose services are "essential to the efficient operation of the enterprise" may qualify for an E-1/E-2 visa depending on the bilateral agreement between the foreign country and the United States.

Foreign Students Employed on Post-Completion OPT

There may be alternate visa option available to foreign graduates of U.S. Universities. If not selected for H-1B cap, F-1 students in Science, Technology, Engineering, and Mathematics (STEM) fields can apply for a special 17-month extension. To get the extension, the student should be employed by an employer enrolled in E-Verify, and should have received an initial grant of post-completion OPT related to such a degree. Regulations require that STEM subject must be in the major or dual-major of the student's most recent degree received. This extension of the OPT period for STEM degree holders gives U.S. employers two chances to recruit these highly desirable graduates through the H-1B process, as the extension is long enough to allow for H-1B petitions to be submitted in two successive fiscal years (two H-1B cycles).

Students who do not hold STEM degrees may choose the option of going back to school. For instance, a student who has completed a bachelor's degree from a U.S. institution may exercise the option of enrolling in another bachelor's or master's degree program. While enrolling in a bachelor's degree program may be a good idea to buy time in the United States with the hope of making it to the H-1B cap next fiscal year, the option of enrolling in a master's degree program should be exercised with caution. Before enrolling in a master's degree program, a student should check whether the U.S. university qualifies as an "institution of higher education" as defined by section 101(a) of the Higher Education Act of 1965 becausenot every master's degree from a U.S. educational institution will qualify an individual for the H-1B master's cap[iv].

L-1 Visa for Foreign Employees of Multinational Companies

Employees employed by companies with an offshore presence can explore the L-1 visa option. The L-1 visa program facilitates the temporary transfer of foreign nationals with management, professional, and specialized knowledge skills to the United States. Thus, even within the L category, important distinctions are drawn between the two types of L visas, the L-1A for executives and managers, and the L-1B for employees with specialized knowledge.

L-1A executives direct the management of an organization or a major component or function of an organization. Similarly, L-1A managers have the primary duty of directing an organization, or area of an organization, and supervision or control of the work of others, or management of an essential function at a senior level in the organization's hierarchy. Managers and executives need not supervise subordinates. Regulations allow for "functional management". To qualify for an L-1B visa, the employee should have the specialized knowledge of the company, its product and its application in international markets, or have an advanced level of knowledge of processes and procedures of the company.

O-1 Visa for Extraordinary Foreign Nationals

Like the L-1 nonimmigrant visa, there are two types of O-1 visa. Also, like the L-1 visa, O-1 visa is not subject an annual cap. O-1 visa category is divided into two categories: O-1A and O-1B. O-1A is for foreign nationals having "extraordinary ability" in the field of the science, art, education, business or athletics. If in motion picture or TV production, the person may qualify for O-1B visa provided s/he has demonstrated record of "extraordinary achievement." Thus, there are different standards under the O-1 visa.

It is important to know that O-1 is not limited to the above-mentioned categories. USCIS interprets the statute to encompass "any field of endeavor," including craftsmen and lecturers. Further, the term "arts" includes not only the principal creators and performers, but also essential personnel such as directors, set designers, choreographers, orchestrators, coaches, arrangers, costume designers, make-up artists, stage technicians and animal trainers.

Based on the foregoing, it is safe to conclude that before packing bags to their respective home countries, prospective H-1B visa beneficiaries should carefully explore other work visa options that may be available to them in the United States. One may still qualify for a cap-exempt H-1B visa if s/he has an offer of employment from an institution of higher education (or related or affiliated nonprofit entities), or from a nonprofit/government research organization. Even employment with a third-party employer may qualify an individual for cap-exempt H-1B provided the beneficiary will perform the majority of work at the qualifying institutions and, if the work will benefit the primary or essential purpose of the qualifying institution.

Also, It would be prudent for the national of a foreign country to check on the type of trade agreement his/her country has in effect with the United States as this may qualify the individual for an H-1B1, TN, E-1, E-2 or an E-3 nonimmigrant classifications. Additionally, employees of companies with offices both in the United States and offshore could explore the option of L-1 visa. Moreover, individuals with the "extraordinary ability" in the field of the science, art, education, business or athletics may qualify for an O-1A visa while an O-1B may be appropriate for a foreign national with "extraordinary achievement" in motion picture or TV production. Last but not the least, F-1 STEM students should try to get the 17-month extension in order to make the cap next year. We want to reiterate and reemphasize that students choosing to enroll in the master's degree program with the hope of having a better chance of making it to the H-1B cap next year should choose their master's degree program very carefully as not all master's degree programs qualify an individual for the master's degree H-1B cap of additional 20,000 visas.

---

[i] This is part VII of an VIII part series - ABCs of H-1Bs

[ii] Previous articles in this series discussed in detail which educational institutions may or may not qualify as an institution of higher education, and how to determine whether a nonprofit institution is "related to or affiliated with" an institution of higher education.

[iii] Assuming that the U.S. University will qualify as an "institution of higher education" as defined by section 101(a) of the Higher Education Act of 1965.

[iv] Part V of this series discussed in detail which educational institutions may or may not qualify as an institution of higher education.

http://www.cbp.gov/newsroom/spotlights/2014-04-30-000000/arrivaldeparture-history-now-available-i-94-webpage

http://www.cbp.gov/newsroom/spotlights/2014-04-30-000000/arrivaldeparture-history-now-available-i-94-webpage



When
travelers visit the I-94 webpage they can retrieve their I-94
arrival/departure record number and five-year travel history by entering
the required name, date of birth, and passport information.