Immigration resource news magazine for United states of america

EAD for Humanitarian Parolee

Tiyalaw — Wed, 21 Aug 2019 00:03:18 +0000

EAD for Humanitarian Parolee

Certain foreign national who are paroled into the U.S. for urgent humanitarian reasons or significant public benefit may be eligible to apply for discretionary employment authorization with the U.S. Citizenship and Immigration Services (USCIS). USCIS will consider such employment authorization, on a case-by=case basis and based on the totality of the circumstances of each case.

For additional information, please visit USCIS website at: https://www.uscis.gov/news/news-releases/uscis-issues-guidance-discretionary-employment-authorization-parolees

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-822four & info at tiyaimmigration dot com; Tel (from abroad): 001-7037728224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals, and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; various green cards; N-400 Naturalization; various waivers; Hs; L executive, manager and specialized knowledge professionals; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center; USCIS Request for Evidence (RFE); work permit, marriage cases, family immigration, employment immigration, and much more.

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USCIS Met FY 2020 H-1B Cap

Tiyalaw — Fri, 05 Apr 2019 22:23:15 +0000

USCIS Met FY 2020 H-1B Cap

On April 5, 2019, USCIS had received sufficient H-1B visa cap petitions for the 2020 fiscal year (FY), to meet the annual 65,000 H-1B visa cap and the 20,000 H-1B visa master’s cap (U.S.-advanced-degree visa exemption).

U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Visa Petitions on April 1, 2019.

H-1B visa petitions that are not selected will be rejected and returned with their filing fees.

What is an H-1B?

H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).

Foreign nationals with at least a bachelor’s degree or the equivalent may be sponsored for H-1B visas. A broad range of positions may fall under H-1B specialty occupations, and each case depends on a position’s own set of circumstances necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Visa Cap

Not all H-1B petitions are subject to the visa cap, depending on the types of H-1B petition being filed or entity-sponsor. For examples, when applicable, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status, or to change or add H-1B employers.

Duration of H-1B

In general, H-1B work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas may be extended beyond the 6-year maximum time limitation.

H-1Bs Not Selected or Filed When All H-1B Visa Numbers are Used Up

Potential H-1B candidates who do not make it to the 2020 FY H-1B visa cap (October 1, 2019 employment start-date) have the options to have their H-1B cap visa petitions submitted or resubmitted to USCIS on or after April 1, 2020 (October 1, 2020 employment start-date) for the FY 2021 H-1B visa cap. They may also consider other immigration options such as other temporary or green card status, if eligible.

For more information on USCIS H-1B Cap selection process, please visit:

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2020-cap-season

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; various green cards; N-400 Naturalization; various waivers; Hs; L executive, manager and specialized knowledge professionals; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center; and many more.

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L-1 One-Year Foreign Employment Requirement

Tiyalaw — Fri, 30 Nov 2018 04:37:14 +0000

L-1 One-Year Foreign Employment Requirement

Recently, U.S. Citizenship and Immigration Services (USCIS) clarified the “one-year foreign employment” for an L-1A intracompany transferee as follows:

1. The L-1 Beneficiary must be physically outside the U.S. during the continuous one-year foreign employment, except for brief visits to the U.S. Additional days of foreign employment must be accrued to account for the brief visits to the U.S.

2. The L-1 Beneficiary must have been employed abroad by a qualifying organization for at least one continuous year out of the three (3) years when the “initial L-1” is being “filed” to USCIS, regardless of when the L-1 Beneficiary was or will be admitted to the U.S.

3. Additionally, the 3-year period is calculated as below:

(a) If L-1 Beneficiary is already in the U.S. working in a non-L-1 nonimmigrant work status (e.g. H-1B or E-2) for the qualifying organization, the 3-year period is to look back 3 years from the non-L-1 nonimmigrant work status (e.g. H-1B or E-2).

(b) The 3-year period is to look back for 3 years from the date of filing the initial L-1 Petition:

(i) If L-1 Beneficiary is working in the U.S. for the qualifying organization in an L-2 dependent status of L-1 or F-1 student such as Optional Practical Training.

(ii) If L-1 Beneficiary is already in the U.S. working for an unrelated organization or not working.

(iii) If it is an L-1 extension.

4. Moreover, if an L-1 Beneficiary stops working for the qualifying organization as a principal beneficiary for a period of more than two years during the three years preceding the petition filing, the one-year foreign employment requirement will not be met. Such an L-1 Beneficiary must start another one-year employment in a managerial, executive, or specialized knowledge capacity with the qualifying organization abroad to qualify for an L-1 Petition.

USCIS is a part of DHS. USCIS administers the U.S. lawful immigration system such as adjudicating requests for immigration benefits.

For additional information, please visit:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-11-15-PM-602-0167-L-1-foreign-employment-requirement.pdf

November 29, 2018

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

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H-1B Cap Petitions: Cap-Gap F-1 Status or F-1 Work Authorization is Valid Till September 30, 2018

Tiyalaw — Sat, 29 Sep 2018 02:56:43 +0000

H-1B Cap Petitions: Cap-Gap F-1 Status or F-1 Work Authorization is Valid Till September 30, 2018

Immigration law provides that certain F-1 students with pending or approved cap-subject H-1B Petitions that have been timely field for the Fiscal Year (FY) 2019 for change-of-status for an October 1, 2018 H-1B start-date will have their F-1 status or F-1 work authorization automatically extended during the cap-gap period (unless the F-1 status/work authorization is otherwise terminated).

Cap-gap is the gap period between the expiration of an F-1 status or F-1 work authorization until September 30, 2018. Cap-gap doesn’t apply if such H-1B Petition is rejected or denied before October 1, 2018.

Cap-gap extension of an F-1 work authorization terminates automatically on October 1 2018. Any F-1 cap-gap beneficiaries whose H-1B Petitions are still pending would no longer be eligible to work starting October 1, 2018 and will accrue unlawful presence if they continue working. However, they may wait in the U.S. (unless there is an immigration violation such as unauthorized employment). However, pending change-of-status H-1B beneficiaries whose F-1 work authorization remains valid independently (not pursuant to cap-gap; i.e. I-765 card that is valid beyond September 30, 2018) may continue working.

At this time, premium processing for certain H-1B Petitions including H-1B Petitions subject to FY 2019 Visa Cap are temporary suspended until February 19, 2019.

For additional information, please visit:

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

September 28, 2018

Direct dial from abroad: 001-703-7728224

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Tiyalaw — Thu, 27 Sep 2018 07:00:27 +0000

Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Recently, U.S. Citizenship and Immigration Services (USCIS) proposes new law to widen the “public charge” determination for recipients of various welfare benefits. Those who are likely to become a “public charge” at any time in the future will be inadmissible and disqualify from various immigration green card applications, admissions, visas; and nonimmigrant change of status and extension of stay.
USCIS will publish the effective date for proposed rules upon completing public comments and reviews.

The public benefits (beyond certain thresholds) that are covered by the proposed “public charge” determination includes:

Receipt of designated public benefits, including cash assistance for income maintenance, Medicaid (with limited exceptions for Medicaid benefits paid for an “emergency medical condition,” and for certain disability services related to education), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), any benefit provided for institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing. Generally, these covered benefits represent the largest Federal programs for low-income people by total expenditure that address basic living needs such as income, housing, food, and medical care.
Under the proposed rule, receipt of public benefits that are not covered by the 1999 Interim Field Guidance (i.e., Medicaid, the Medicare Part D Low Income Subsidy, SNAP, and the designated housing benefits) would not be considered for public charge purposes. Only such benefits receipt that occurred after a final rule becomes effective will be considered public charge.

The proposed rules will not affect foreign nationals specifically exempted from the public charge ground of inadmissibility, such as refugees, asylees, Afghans and Iraqis with special immigrant visas, nonimmigrant trafficking and crime victims, individuals applying under the Violence Against Women Act (VAWA), and special immigrant juveniles; and also excludes consideration of benefits received by U.S. citizen children of aliens who will acquire citizenship under either section 320 or 322 of the INA, and by alien service members of the U.S. Armed Forces.

Additionally, most lawful permanent residents would not be subject to inadmissibility determinations; certain exceptions apply.

For additional information, please visit:

https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility

September 22, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Tel (from abroad): 001-7037728224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Implementing New Immigration Policy on Referral for Removal/Deportation

Tiyalaw — Wed, 26 Sep 2018 23:12:37 +0000

Implementing New Immigration Policy on Referral for Removal/Deportation

On October 1, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin implementing updated immigration policy (issued on June 28, 2018) on removal (deportation).

A removal proceeding is initiated by filing a Form I-862, Notice to Appear (NTA) with the Immigration Court. Although U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have authority to issue NTAs, USCIS may also initiate NTAs.

Generally, NTA issuance applies to following situations:

1. National security cases.

2. USCIS will continue to issue NTAs in the following circumstances:

(a) Termination of Conditional Permanent Resident Status and Denials of Form I-751, Petition to Remove the Conditions of Residence (8 CFR §§ 216.3, 216.4, 216.5).

(b) Termination of Conditional Permanent Resident Status and Denials of Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (8 CFR § 216.6).

(d) Denials of Nicaraguan and Central American Relief Act (NACARA) Section 202 and Haitian Refugee Immigration Fairness Act (HRIFA) adjustment of status applications: 1. NACARA 202 adjustment denials (8 CFR § 1245.13(m)); 2. HRIFA adjustment denials (8 CFR § 245.15(r)(2)(i)).

(e) Asylum, NACARA Section 203, and Credible Fear cases

3. Fraud, Misrepresentation, and Abuse of Public Benefits Cases under various circumstances.

(a) Criminal cases/issues under various circumstances

4. Denial of N-400 under various circumstances including, but are not limiting to:

(a) Good moral character (GMC) grounds based on the underlying criminal offense, and that the alien is removable.

(b) Ineligible for naturalization such as inadmissible at the time of adjustment or admission to the United States.

5. Upon issuance of an unfavorable decision for an application, petition, or benefit request, and the alien is not lawfully present in the United States, USCIS will issue an NTA. For examples, I-485 application for adjustment of status, I-539 application to extend or change nonimmigrant status

6. Other miscellaneous circumstances including, but are not limiting to: Upon request by a foreign national on a limited and discretionary basis.

7. The NTA policy issued on June 28, 2018 will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time – existing guidance for these case types will remain in effect.

For additional information, please visit:

https://www.uscis.gov/news/alerts/uscis-begin-implementing-new-policy-memorandum-notices-appear

and

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

September 26, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Tel (from abroad): 001-7037728224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Immigration Help Due to Hurricane Florence and Typhoon Mangkhut

Tiyalaw — Wed, 19 Sep 2018 20:37:33 +0000

Immigration Help Due to Hurricane Florence and Typhoon Mangkhut

U.S. Citizenship and Immigration Services (USCIS) will expedite or provide discretionary services of immigration cases impacted by unforeseen or extreme situations, or natural disasters such as the Hurricane Florence and Typhoon Mangkhut.

Upon request either during or after filing an immigration case, USCIS may provide the following discretionary services:

USCIS may excuse a delay in applying for the extension or change of nonimmigrant status before an authorized period of admission expires if it was due to extraordinary circumstances beyond the nonimmigrant’s control;
Re-parole of individuals previously granted parole by USCIS;
Expediting processing of advance parole requests;
Expediting adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expediting adjudication of employment authorization applications;
Considering fee waivers due to an inability to pay;
Extension of response time or acceptance of a late response to a Request for Evidence (RFE) or a Notice of Intent;
Rescheduling an interview with USCIS;
Expediting replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

For additional information, please visit:

https://www.uscis.gov/news/alerts/immigration-services-available-those-affected-hurricane-florence-or-typhoon-mangkhut

and

https://www.uscis.gov/humanitarian/special-situations

September 19, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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H-1B Premium Processing is Further Suspended

Tiyalaw — Tue, 28 Aug 2018 22:54:37 +0000

H-1B Premium Processing is Further Suspended

Effective September 11, 2018, U.S. Citizenship and Immigration Services (USCIS) is further suspending premium processing until February 19, 2019 for all H-1Bs Petitions filed with California and Vermont Service Centers except for the following:

1. Cap-exempt H-1B Petitions by cap-exempt employers filed with California Service Center.

2. H-1B Petitions without any change or amendment filed with Nebraska Service Center.

Previously, USCIS has been suspending H-1B premium processing for H-1B Cap Petitions only until September 10, 2018.

Outside of premium processing, USCIS may still consider expedite request on a discretionary and case-by-case basis.

Premium processing is filed via Form I-907 Request for Premium Processing Service for USCIS to adjudicate a petition within 15 calendar days from its receipt (e.g. approval, request for evidence or RFE, or denial within 15 days). With this temporarily suspension, there will be processing delay for many types of H-1B Petitions, and FY 2019 H-1B Cap Petitions or Visas that are fortunate enough to be selected in the H-1B lottery process.

For additional information, please visit: https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays

August 28, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Immigration Help for Those Affected by California Wildfires

Tiyalaw — Wed, 15 Aug 2018 19:45:24 +0000

Immigration Help for Those Affected by California Wildfires

U.S. Citizenship and Immigration Services (USCIS) will expedite or provide discretionary handling of immigration cases impacted by unforeseen or extreme situations, or natural catastrophes such as the recent California wildfires.

Expedite or discretionary request may be made during or after filing an immigration case.

Upon request, USCIS will provide the following on a discretionary basis:

Changing or extending a nonimmigrant status in the U.S.: If you don’t apply for the extension or change before your authorized period of admission expires, USCIS may excuse a delay in applying for the extension or change before an authorized period of admission expires if it was due to extraordinary circumstances beyond the nonimmigrant’s control;
Re-parole of individuals previously granted parole by USCIS;
Expediting processing of advance parole requests;
Expediting adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expediting adjudication of employment authorization applications;
Consideration of fee waivers due to an inability to pay;
Extension of response time or acceptance of a late response to a Request for Evidence or a Notice of Intent;
Rescheduling an interview with USCIS;
Expediting replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

For additional information, please visit: https://www.uscis.gov/humanitarian/special-situations

August 15, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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New USCIS Policy on Unlawful Presence for Students and Exchange Visitors

Tiyalaw — Wed, 15 Aug 2018 03:18:42 +0000

New USCIS Policy on Unlawful Presence for Students and Exchange Visitors

The new immigration policy is that the accrual of unlawful presence is suspended when students and exchange visitors (F, J or M nonimmigrant) file a reinstatement application within five months of falling out of status, and while the application is pending with USCIS. In general, an F, J, or M nonimmigrant whose application for reinstatement (timely filed or otherwise) that is approved will not accrue unlawful presence while out of status.

The accrual of unlawful presence resumes the day after the reinstatement’s denial, and the nonimmigrant must voluntarily depart the United States to avoid accruing more unlawful presence that could trigger future inadmissibility under section 212(a)(9) of the Immigration and Nationality Act.

For additional information, please visit: https://www.uscis.gov/news/uscis-issues-revised-final-guidance-unlawful-presence-students-and-exchange-visitors

August 9, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.