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My Law,LLC Immigration Law Firm WebSite: E-mail: Phone: 1-(630) 903-9625

Monday, February 13, 2017

Trump’s H1B Visa Immigration Reform

Trump’s H1B Visa Immigration Reform

President Donald Trump is considering a new way of distributing the H-1B visa to ensure they go to the "best and brightest. This draft executive order might open the door to major reforms of the H-1B and the Optional Practical Training programs.

The draft executive order calls for "an investigation of the extent of any injury to U.S. workers caused by the employment in the United States of foreign workers admitted under the nonimmigrant visa programs," which includes the H-1B program. Specifically, it asks the Department of Homeland Security (DHS), which oversees immigration, to "consider ways to make the process for allocating H-1B visas more efficient and ensure that beneficiaries of the program are the best and the brightest.

This system would favor those who have earned advanced degrees from a U.S. school, have a high-paying job offer and have preferred skills, which were identified in the proposal.

The draft executive order also calls for stepped up enforcement including site visits of L-1 visa using firms. The draft order seeks, as well, a reexamination of the Optional Practical Training program that allows STEM grads to work on their student visas for up to three years.

My Law, LLC                                            
Immigration & Tax Law Firm
Phone: (630) 903-9625
1230 E. Diehl Rd. Suite 106
Naperville, IL 60563

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Friday, July 15, 2016

Six to Ten Year Wait for Chinese EB5 Investors

Currently, only Chinese investors who applied for EB-5 visa before February of 2014 can get their Green Cards now--so the waiting time for those investors is 2 years and 4 months. But this waiting time keeps increasing because over the last two years several thousands of new EB-5 applications have been filed, which is many more times than yearly EB5 visa quota. What is the waiting time for Chinese EB-5 investors who are planning to apply this year?
There are approximately 40,000 Chinese EB-5 petitions pending and an additional 20,000 approved petitions awaiting visa availability--that is total of 60,000 people waiting in line. If all of the 10,000 annual EB5 quota was used by the Chinese investors, it would take at least 6 years wait for a Chinese investors applying now. However, other countries made up 15% EB5 investors last year, and that percentage is likely to increase to over 50% as the Chinese EB-5 market collapses due to long wait times and as other markets rise. If 50% of the EB5 applications in a year come from non-Chinese investors, that means that number of visas available for Chinese investors could shrink to 5000 per year, resulting in almost 12 years wait for Chinese investors investing now.
As waiting times increase, the number of Chinese EB5 investments decrease. RCs get investors from other countries in larger numbers. That reduces the number of visas available for China per year, which makes the wait time longer, which in turn decreases Chinese EB5 investments even further.
Therefore, various experts predict that the waiting time for this year's Chinese EB-5 investors will be minimum of 6 years to as much as 10 years. In response to Chinese retrogression, the Chinese EB-5 market is already down by 25%; and we expect it to shrink further. With atrociously long waiting times, EB-5 is closing as a good option for Chinese investors.

My Law, LLC                                            
Immigration & Tax Law Firm
Phone: (630) 903-9625
1230 E. Diehl Rd. Suite 106
Naperville, IL 60563

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Thursday, June 16, 2016

Another Company Owes Back Pay to H-1B Worker

An Administrative Law Judge (ALJ) of the Department of Labor (DOL) has ordered Medical Dynamic Systems Inc to pay back pay to a H-1B worker of more than $59,000 in fees and back wages for violating the H-1B visa laws. The ALJ said the health care staffing company must pay Philippine national Vicente D. DeDios the $3,600 he unlawfully paid in connection with his H-1B visa processing and an additional $55,587 in back wages.

Tuesday, April 26, 2016

Premium processing for cap-subject H-1B

On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. USCIS first announced that it would temporarily adjust its premium processing practice due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season. 

Friday, April 8, 2016

USCIS Reaches FY 2017 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) has once again received more than enough H-1B petitions within the first five business days of the fiscal year 2017 filing period to reach the annual cap of 85,000 new visas. It is the fourth consecutive year requests outstripped supply in less than a week, triggering a lottery. 
Demand for the visas, which plunged during the recession, began to rise again in 2011. The visas are initially approved for three years and can be extended for another three. Such visa extensions don’t count toward the cap.

H1B 2017 Lottery Details :

Friday, January 22, 2016

New eligibility requirements for travel under the VWP and Terrorist Travel Prevention Act Frequently Asked Questions

What is the Visa Waiver Program (VWP)?

The VWP permits citizens of 38 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa. In return, those 38 countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.

Since its inception in 1986, the VWP has evolved into a comprehensive security partnership with many of America’s closest allies. The VWP, administered by the Department of Homeland Security (DHS), in consultation with the State Department, utilizes a risk-based, multi-layered approach to detect and prevent terrorists, serious criminals, and other mala fide actors from traveling to the United States. This approach incorporates regular, national-level risk assessments concerning the impact of each program country’s participation in the VWP on U.S. national security and law enforcement interests. It also includes comprehensive vetting of individual VWP travelers prior to their departure for the United States, upon arrival at U.S. ports of entry, and during any subsequent air travel within the United States.

Friday, October 23, 2015

The New Dual Chart System: October 2015 Visa Bulletin

For the past several decades, the State Department’s monthly published Visa Bulletin has announced “cut off” dates to determine where immigrant visa applicants were in the various quota queues applicable to family, employment-based and Diversity-based immigrant visa categories. On September 9, 2015, the US Department of State announced a new system for determining eligibility to file for permanent residency.

As of October 1st, in an effort to maximize immigrant visa usage in a fiscal year, the Department of State has established a system where there are two different dates to track. “Application Final Action Dates” (AFADs) are essentially the cut off dates that have always appeared in the Visa Bulletin. “Dates for Filing Applications” (DFAs) are the dates applicants proceeding with consular processing of green cards should be notified to begin gathering documents for submission to the National Visa Center.

The new system applies to the family and employment-based green card categories. The Diversity Visa cut off system is not changed and one chart remains applicable in that category.
The DFAs are anywhere from several months to several years later than the AFADs. Here are the differences on the October Bulletin.

Thursday, July 16, 2015

USICS is Not Accepting Applications for the New DACA, old DACA from 2012 still in Effect

Implementation of the new DACA and DAPA programs has been temporarily suspended. On February 17, a federal court judge decided the President’s programs were illegal. However, the existing DACA process and renewals of DACA are not affected by the recent court action.

On November 20, 2014, President Obama announced that he will be taking executive action on immigration due to inaction by congress. Two areas where individuals will see relief are an expansion of the current Deferred Action for Childhood Arrivals and a new policy of Deferred Action for parents of children who are U.S. Citizens (USC) or Lawful Permanent Residents (LPR). 

Expansion of Deferred Action for Childhood Arrivals (DACA):

Individuals meeting the following criteria will be considered for deferred action if they: