Denial of B2 Extension could result in deportation

A June 28, 2018, USCIS policy memorandum (PM 602-0050.1) expands the conditions under which USCIS will issue a Notice to Appear (NTA), the document that initiates removal (deportation) proceedings, to now include situations "where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States."

Under the new policy, USCIS can issue an NTA after denying an application for an immigration benefit only if on the date of the denial the applicant is out of status.

For examples, denial of an extension of stay or change of status request, where the applicant's prior status expires before USCIS denies the EOS or COS.

My Law, LLC                                            

Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1700 Park Street, Suite 203

Naperville, IL 60563

E-mail: attorney@mylawllc.com

Accrual of unlawful presence for F, J, M visa

In the past, foreign students and exchange visitors (F and J nonimmigrants, respectively) who were admitted for, or present in the United States in, duration of status (D/S) started accruing unlawful presence on the day after USCIS formally found a nonimmigrant status violation while adjudicating a request for another immigration benefit or on the day after an immigration judge ordered the applicant excluded, deported, or removed (whether or not the decision is appealed), whichever came first.

USCIS is now changing its policy on how to calculate unlawful presence for F-1, J-1, and M-1 nonimmigrants, and their dependents (F-2, J-2, and M-2). This new policy on the accrual of unlawful presence with respect to F, J and M nonimmigrants will take effect on August 9, 2018. The policy for determining unlawful presence for aliens present in the United States who are not in F, J, or M nonimmigrant status remains unchanged.

K-1 Fiancé Visa

The K-1 visa will allow the foreign citizen who is engaged to a U.S citizen to go to the U.S. While in the U.S, the couple is expected to get married legally within a specific period of time. The K-1 visa holder will get this visa so that they can marry the U.S citizen within 90 days of arriving in the U.S.

To be allowed to get the K-1 visa and travel to the U.S to marry the U.S citizen, there are first a few fiancé visa requirements that you must fulfill.

So if you want to marry your fiancé in the U.S, you must fulfill these eligibility criteria:

• You must have proof of your relationship before the engagement
• You plan on getting married while you are in the U.S on a K-1 visa
• The marriage will be performed according to the U.S laws where the marriage will be done
• You and the U.S citizen must have met in person at least once in the past two years 

E-2 Investor Visa

An E-2 Visa is a Visa Classification that is available for foreign nationals who wish to live in the U.S. to develop and direct the operations of a business.  The business can be large or small and an E-2 Visa is a great Visa option for those who want to start a business.  In order to qualify for the Visa, applicants must meet specific requirements.

The E-2 Investor Trader Visa is only available to people from the countries that the U.S. has a Treaty with. You must invest funds that you have obtained from a lawful means. The U.S. Government does not have a predetermined amount that they consider substantial. 

USCIS received 190,098 H-1B petitions

On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2019.

USCIS received 190,098 H-1B petitions during the filing period, which began April 2, including petitions filed for the advanced degree exemption. USCIS announced on April 6, that it had received enough H-1B petitions to reach the statutory cap of 65,000 and the master’s cap of 20,000. USCIS will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing.

USCIS conducted the selection process for the master’s cap first. All unselected master’s cap petitions then became part of the random selection process for the 65,000 cap.

Third-Party Worksite H-1B Petitions

The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change.

USCIS has published a policy memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite. In publishing this policy, USCIS clarifies existing regulatory requirements relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites.

H1B Visa (FY-2019)

While many regulations like increasing the H1B wage to 130K USD, Pre-registration of petitions and picking them by salary offered & qualification, increasing H1B cap, etc. have been discussed extensively and either part of the current H1B bills that are in process or Fall 2017 Regulatory agenda, none of these will be implemented for the H1B 2019 season.

How many H-1B Visas are available for the FY-2019 Quota?

58,200 (65,000 minus 6,800 taken out for Chile and Singapore H-1Bs) H-1B Visas are available per year in the Bachelor’s degrees quota.

20,000 H-1B Visas are available per year in the U.S. Master’s degrees quota.

Diversity Green Card Visa (DV) Lottery

The DV Lottery program offers a lottery for up to 50,000 immigrant visas annually, “drawn from random selection among all entries to individuals who are from countries with low rates of immigration” to the U.S., according to U.S. Citizen and Immigration Services.

That random selection, according to the State Department, is through a computer-generated drawing for foreign nationals to apply for permanent residence, or a green card, in the U.S. each year.

President Trump has called for its elimination, and the termination of chain migration, which happens when immigrants can enter the country, simply to be united with a relative already living in the U.S.

U.S. Naturalization Application Fee

U.S. Citizenship and Immigration Services offers a full fee waiver and a partial fee waiver.

USCIS will waive the full naturalization filing fee of $680 ($595 for applicants age 75 or older) if you are receiving income-based public assistance. Don’t put off becoming a U.S. citizen. Naturalizing is your best protection against restrictive changes in our immigration laws.

USCIS is challenging an unusually large number of H-1B applications

Starting this summer, employers began noticing that U.S. Citizenship and Immigration Services was challenging an unusually large number of H-1B applications. Cases that would have sailed through the approval process in earlier years ground to a halt under requests for new paperwork. The number of challenges — officially known as “requests for evidence” or RFEs — are up 44 percent compared to last year, according to statistics from USCIS. The percentage of H-1B applications that have resulted in RFEs this year are at the highest level they’ve been since 2009, and by absolute number are considerably higher than any year for which the agency provided statistics.

In the meantime, the uncertainly alone is taking a toll on those who rely on the visas to work. Some applicants whose cases remained unresolved by Oct. 1, the annual effective date for new visas, have been sent home from their jobs. After the recent terrorist attack in New York, Trump called for the elimination of another visa lottery program – the Diversity Visa Lottery – saying immigration should be merit-based.

More Scrutiny on L-1B Visa Extensions

The Trump administration is escalating scrutiny for extension of L1B applications to the same level as new applications to fit into the larger theme of protecting American workers which cuts to the heart of Trump's appeal and his rise to power in the US. 

The updated guidance makes it clear that extensions will not happen by default. The burden of proof falls entirely on the petitioner. With every additional move, the USCIS is basically sending strong and repeated signals that the difficulty level of coming through the H1B/ L1 route and then staying in the US on the same visa is unlike at any other time in the history of these work visas.

“The updated guidance instructs officers to apply the same level of scrutiny when reviewing nonimmigrant visa extension requests even where the petitioner, beneficiary and underlying facts are unchanged from a previously approved petition. While adjudicators may ultimately reach the same conclusion as in a prior decision, they are not compelled to do so as a default starting point as the burden of proof to establish eligibility for an immigration benefit always lies with the petitioner,” says Lee Francis Cissna, newly appointed director of the USCIS.

My Law, LLC                                           

Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1700 Park Street, Suite 203

Naperville, IL 60563

E-mail: attorney@mylawllc.com

H-1B visa renewals are getting tougher

Fresh changes in rules notified by the U.S. Citizenship and Immigration Services (USCIS) for renewal of non-immigrant visas will severely impact H-1B visa holders. Petitions for renewal of such visas, particularly when the underlying facts that supported the original petition have not changed, are currently considered with a presumption of approval, but that will no longer be the case, USISC said. Consequently, the burden of proof will be on the petitioner to substantiate his application even when nothing has changed since the previous petition.

The new rules are in line with the Donald Trump administration’s 'Buy American, Hire American' policy, the USCIS said. The new changes were announced even as a comprehensive review of the H-1B programme is under way.

USCIS Is Denying Pending Advance Parole for Abandonment Due to International Travel

USCIS has been denying Advance parole advance parole applications for abandonment in instances where the applicant has traveled abroad during the pendency of the application. The pending Advance parole application is being denied even if the applicant has a separate valid advance parole document or a valid H, K, L, or V visa to return to the United States.

In the denial notification, USCIS points to the Advance parole instructions where it states that "[i]f you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned."

In the past, USCIS has approved advance parole renewal applications for individuals who travel abroad during the pendency of the application with a valid Advance Parole Document or a valid H, K, L, or V visa.

Now the current policy is that traveling internationally while an application for advance parole is pending will result in the denial of that application notwithstanding prior practice to the contrary.

My H1B is pending after Oct 1 cap gap – Can I still work?

Cap-gap extension was implemented by USCIS to assist foreign students when an F-1 student graduates, obtains an OPT for 1 year and the OPT ends the following year sometime between April and October.  OPT student finds a job that sponsors him or her.  As a result, the employer files the H-1B  on April 1st.

However, the visa won’t take effect until October 1st. If a student’s OPT expires in between April and October, they are caught in a “cap-gap”. Meaning, if their OPT expires between April and October. USCIS allows the students to work until September 30. In most cases, H1-B is approved by this date. And the student’s status changes to H1-B starting October 1.

However, this year things have taken a drastic turn. The number of requests for evidence have risen in number. Premium processing stands cancelled. It is most likely that USCIS is going to adjudicate cases after October 1. This is the reason everyone is asking : My H1B is pending after Oct 1 cap gap – Can I still work?

The answer to this question is No.

Cap-gap extension ends on September 30th. You are no longer eligible to work.

USCIS denied my H1-B and my OPT expired. Now what?

You have a 60-day grace period from the date of denial to leave the country. During this time you are ineligible to work in the country.  Make arrangements to leave the country, re-enroll in school for a new program, or look into any other visa options that will allow you to stay in United States.

My Law, LLC                                           

Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1700 Park Street, Suite 203

Naperville, IL 60563

E-mail: attorney@mylawllc.com

USCIS Outlines Procedures for New Employment Green Card Interviews

On September 28, 2017, U.S. Citizenship and Immigration Services (USCIS) Ombudsman outlined procedures for new USCIS in-person interviews required for employment-based applicants effective October 1, 2017. 

Interviews will be scheduled by field offices for every applicant who has filed an green card application after March 6, 2017 and notices will be sent to both the applicant and the representing attorney. If additional evidence is needed, USCIS will request prior to the interview.

The REAL ID Act and passports

Your passport is valid for 10 years, and a child’s passport is valid for five. However, many countries require you to have validity through six months after your return date in order to travel. So, check your expiration date this month and mark down when you should renew your passport, especially if you travel overseas frequently. Passports can take anywhere from four to six weeks to renew, or three weeks via expedited service that’ll cost you an extra $60.

The REAL ID Act means that U.S. state IDs must have certain security features and data attached to them in order to be valid, and IDs are typically necessary to get on a plane. Not all states currently have standardized these enhanced security features, yet the REAL ID Act is set to take effect in early 2018 — so all states that are not compliant have been granted an extension. The full list of states with non-complying features can be found on the Department of Homeland Security’s website. If your state is one, you’ll need to make sure you’re flying with a REAL ID-compliant id by October 2020.

B2 Visitor Visa

When you apply for visitors visa extension, it can either be approved or denied. If your visitors visa extension is denied, there are several consequences depending upon various situations.

Prior to I-94 Date

If your visitors visa extension is denied prior to the expiration date of the CURRENT I-94 date, there are no consequences and you should leave normally before it expires.

Past the I-94 Date

As long as you filed the extension application before the expiration date of the current I-94 form, you are in legal status as long as the application is pending or 240 days, whichever comes first. However, if you are still in the U.S. when your extension application is denied, you immediately go out of status. You will have to leave immediately. It is understood that there are practical difficulties in leaving on the same day. It takes time to arrange the air tickets, pack the bags and so on, but legally, there is no grace period. 

Visa is Void

If you are in the U.S. past your I-94 date, and if your visitor visa extension is denied, then the visa is considered automatically cancelled. When the visa is cancelled, they don't have to stamp or strike off the actual visa stamp in the passport. They just make an entry in their computer. That means, if you try to enter the U.S. with that visa stamp again, you will not be allowed.

Even though some people have reported that they were allowed entry into the U.S. after such an incident, there are others who have been denied. Some people are not willing to accept the fact and continue to argue and take whatever position is convenient to them. However, the fact remains that your visa is void. You will have to apply all over again at the consulate when you want to visit next time.

My Law, LLC                                           

Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1700 Park Street, Suite 203

Naperville, IL 60563

E-mail: attorney@mylawllc.com

Facebook Page:

https://www.facebook.com/Immigration.MyLawLLC

Trump Ends DACA, No New Applications Accepted

The Justice Department announced on Tuesday it is ending DACA, the Obama-era program that allowed undocumented immigrants who came to the U.S. as children to remain in the country, while also giving Congress a six-month window to possibly save the policy.

For those whose permits are set to expire before March 5, 2018, though, the U.S. government will also allow them to renew their DACA status — provided their applications are received before Oct. 5, 2017. Currently, there are about 201,000 young adults whose authorizations are set to expire this year, officials at the Department of Homeland Security explained Tuesday.

Otherwise, beginning today, the U.S. government isn’t going to consider any new DACA applications, leaving still hundreds of thousands of its beneficiaries, known as Dreamers, in legal limbo.

On one hand, the delay on enforcement gives Congress some time to decide whether to preserve the program by writing a law. Absent that, though, these Dreamers would be at risk for deportation — even as government officials stressed Tuesday they are not going to target these young adults in the future.

My Law, LLC                                           

Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1700 Park Street, Suite 203

Naperville, IL 60563

E-mail: attorney@mylawllc.com

Facebook Page:

https://www.facebook.com/Immigration.MyLawLLC

Trump Likely to End DACA Immigrant Program

Begun in 2012 under the Obama administration, the DACA program allows young people who arrived by 2007 to remain in the country if they were illegally brought by their parents to the U.S. before they were 16, have lived here since then, and have not committed serious crimes. Some also came here legally with their parents but then overstayed their visas.

Those eligible must renew their DACA status every two years. More than 800,000 are now covered by the policy and can legally apply for work permits.

During Trump’s campaign, Trump said he would cancel DACA. But in late April he sent a different message, telling the Associated Press that young people covered by the program could "rest easy" because his priority was deporting criminals. "This is a case of heart," he said.

However, President Trump, as early as last Friday, is expected to announce plans to end the Obama administration program that gave a deportation reprieve to hundreds of thousands of young illegal immigrants. 

Democrats expressed opposition to the move, referencing the president’s past comments.

My Law, LLC                                           

Immigration & Tax Law Firm

www.mylawllc.com

Phone: (630) 903-9625

1700 Park Street, Suite 203

Naperville, IL 60563

E-mail: attorney@mylawllc.com

Facebook Page:

https://www.facebook.com/Immigration.MyLawLLC

Employment Green Card Interview

Many individuals applying for employment-based green cards have their interview waived, especially if they have extraordinary abilities and if the employer petitioning on their behalf is the same one that sponsored their initial work visa.

The new policy, which will go into effect on October 1, people applying for green cards based on their employment or for refugee and asylee relatives will be subject to an interview.

The new requirement will apply to anyone moving from an employment-based visa to lawful permanent residency. Visa holders who are family members of refugees or people who receive asylum will also be required to undergo an in-person interview when they apply for provisional status, a stage that precedes receiving a green card, according to USCIS.