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Changes in the Processing of Waiver Applications ?Part II
Posted by: euser
February 06, 2012

This is a second and concluding part of the article on changes in the processing of waiver applications under which an applicant who has incurred unlawful presence in the US and subject to 3/10 years bar and wished to travel abroad to apply for Immigrant Visa, would be able to apply for wavier application before departing from US.

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CHANGE IN THE PROCESSING OF WAIVER APPLICATIONS - Part I
Posted by: euser
February 06, 2012

On Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States. Currently, spouses and sons and daughters of U.S. citizens who have accrued a certain period of unlawful presence in the United States, and have to leave the country as part of the legal immigration process, are barred from returning to their families for as long as 3 or 10 years. They can receive a waiver to allow them to return to their families by showing that their U.S. citizen family member would face extreme hardship as a result of the separation. This proposal would streamline the processing of these individuals' waiver applications based on unlawful presence; USCIS proposes to process their waiver applications in the United States before any American family faces separation. The process would only apply to immigrants who are eligible for a visa.

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EB-2 PERM AND EB-2 IN GENERAL - NAVIGATING PERM IMMIGRATION COMPLEXITIES:
Posted by: euser
February 03, 2012

An EB-2 petition is an employment-based 2nd preference petition for a foreign professional with an advanced degree or its equivalent (masters degree or higher), or a foreign national who has exceptional ability in the sciences, arts, or business. In some instances, a professional with a Bachelor's degree (or its U.S. equivalent) and five years of progressively responsible experience in the job being offered may be considered to possess the equivalent of a Master's degree in the field. Very special considerations must be given to the Indian three year Bachelor of Commerce Degree. We continue to encounter issues with processing cases where an EB-2 case uses the Bachelor's of Commerce Degree plus five years of progressive experience in the field to equate to a Master's Degree. It is critical that you consider the use of a qualified legal professional before moving forward with a case of this type.

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Highly skilled may wait less for visas By: David H. Nachman and Michael Phulwani
Posted by: euser
January 24, 2012

In a rare show of bipartisan comity on the angrily contested issue of immigration, the House of Representatives on November 29, 2011 passed a bill that tweaks the visa system to allow more highly skilled immigrants from India and China to become legal permanent residents.

The bill, originally offered by Representatives Jason Chaffetz, a conservative Re-publican from Utah, and Lamar Smith, a Texas Republican and chairman of the House Judiciary Commit-tee, sailed through by a vote of 389 to 15. Joining as sponsors were several Democrats, who are outspoken liberals on immigration, including Re-presentatives Luis V. Gutierrez of Illinois and Zoe Lofgren of California.

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Guidance on pending deportation cases - By: David H. Nachman and Michael Phulwani
Posted by: euser
January 23, 2012

The following guidance was provided by the Department of Homeland Security to ICE Attorneys reviewing the CBP, USCIS, and ICE cases before the Executive Office for Immigration Review.

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EB-2: National Interest Waivers Provide Individuals with Permanent Status - By: Michael Phulwani, Esq. and David Nachman, Esq.
Posted by: euser
January 11, 2012

A foreign national may apply for lawful permanent residence status (green card), and seek a waiver of the job offer and labor certification requirements, by establishing that his or her admission to permanent residence would be in the National Interest.

There is no regulatory or statutory standard as to what will qualify an alien for a National Interest Waiver. The USCIS considers each case on an individual basis. The procedure is to file the case with evidence to establish that the alien's proposed services will be in an area of substantial intrinsic merit and will have a national benefit, and that the alien has some track record of success in his or her field.

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Visitor B-1/B-2 VISAS
Posted by: euser
January 10, 2012

B-1/B-2 visas are the most common nonimmigrant visas used for temporary entry into the United States. B-1 visas are typically used for business-related visits while B-2 visas are used for pleasure-related visits. With few exceptions, those who enter the U.S. must be in possession of a visa granted by a U.S. consulate abroad.

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AMERICAN DREAM ACT
Posted by: euser
January 10, 2012

Congressman Howard Berman (for himself, Mr. Lincoln Diaz-Balart of Florida, Ms. Roybal-Allard, and Ms. Ros-Lehtinen) introduced the "American Dream Act" (Bill H.R.1275) on March 1, 2007 in the House of Representatives to amend the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 to permit States to determine State residency for higher education purposes and to authorize the cancellation of removal and adjustment of status of certain aliens students who are who are long-term United States residents and who entered the United States as children, and for other purposes. A companion measure was also introduced in the Senate by Senator Durbin (for himself, Mr. Hagel, and Mr. Lugar).

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ADJUSTMENT OF STATUS
Posted by: euser
January 10, 2012

Adjustment of status (AOS) is the process used by a foreign national who is physically present in the United States to become a lawful permanent resident (LPR). AOS is an alternative to obtaining an immigrant visa through a U.S. consulate abroad, a process known as "consular processing" (CP). Depending on processing times at U.S. Citizenship and Immigration Services (USCIS) service centers, AOS may be preferred by foreign nationals over CP because: (1) it avoids the expense and inconvenience of travel to the home country; (2) AOS applicants, including dependent family members, are entitled to employment authorization and permission to travel while the AOS application is pending; (3) employment-based AOS applicants receive job mobility (i.e., "portability") benefits provided under recent legislation; and (4) there are more options for reconsideration of an unfavorable decision by the USCIS.

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U Nonimmigrant Status (U Visa) victims of Criminal Activity, Part III
Posted by: euser
January 04, 2012

This is the concluding part of a series of articles on U nonimmigrant visas which can be granted to individuals and their families who may fall victim to many types of crime in the U.S., such as rape, murder, manslaughter, domestic violence, sexual assault, human trafficking, etc.

Q: Can a U-1 Nonimmigrant File a Form I-929, Petition For Qualifying Family Member of a U-1 Nonimmigrant, on Behalf of a Sibling?
A: No, only the spouse, children, and parents (if the petitioner is under 21) of a U-1 nonimmigrant are eligible.

Q: When Can a U-1 Nonimmigrant File a Form I-929 on Behalf of a Qualifying Family Member?
A: U-1 nonimmigrants may file the Form I-929 concurrently with, or at any time after they have filed, their Form I-485 based upon their U status.

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U Nonimmigrant Status (U Visa) Victims of Criminal Activity, Part - II
Posted by: euser
January 04, 2012

This is the continuation of a series of articles on U nonimmigrant visas which can be granted to individuals and their families who may fall victim to many types of crime in the U.s., such as rape, murder, manslaughter, domestic violence, sexual assault, human trafficking, etc.

Q: Can a Foreign National Petition for U Nonimmigrant Status From Outside the United States?
A: Yes. USCIS has determined that the legal framework for U nonimmigrant status permits foreign national victims of criminal activity to petition for such status either inside or outside the United States.

If not admissible to enter the United States as a foreign national, an applicant for a U visa must obtain a waiver of inadmissibility through submission of a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant. This waiver is adjudicated by the Vermont Service Center of USCIS on a discretionary basis, allowing the petitioner to continue with the U nonimmigrant visa process.

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U Nonimmigrant Status (U Visa) Victims of Criminal Activity, Part I
Posted by: euser
January 04, 2012

Questions & Answers: Victims of Criminal Activity, U Nonimmigrant Status

The U nonimmigrant status (U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Below are Qeustions and Answers pertaining to U nonimmigrant visas.

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Not letting go of the DREAM - by Michael Phulwani & David Nachman
Posted by: euser
January 04, 2012

Senator Dick Durbin (D-III) just won't let it go. And that's a good thing when it comes to the DREAM Act, a bill that will provide a pathway to immigration compliance to thousands of undocumented students and young adults. Fueled by his passion for justice, Durbin is determined to see the DREAM Act become the law of the land. Others, like Senators Oren Hatch (R-Ut) and John McCain (R-Az), who originally co-sponsored DREAM, long ago fell victim to partisan politics and dropped their support for the decade old proposal. But, Senator-Durbin, who remains doggedly determined to do the right thing, has chaired the first ever hearing on the DREAM Act.

The DREAM Act was originally conceived as a bipartisan measureto help a tiny segment of the undocumented population; the children of unauthorized immigrants who were brought to the US as youngsters and who, through no fault of their own, now find themselves living in immigration limbo without legal status or a chance to build a future in the only country most have ever known. The DREAM Act was a bill that attracted broad bipartisan support because it helped helpless children.

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THE NEUFELD MEMO REVISITED AND THE H-1B VISA CLIMATE: The New Face of Enforcement in the H-1B World, Part III - By David Nachman, Esq. & Michael Phulwani, Esq.
Posted by: euser
November 30, 2011

This is the concluding part of a series of articles on the Neufeld Memo, published on January 8, 2010, which radically changed the way that H-1B's were adjudicated. The Neufeld Memo put enormous pressure on employers to satisfy additional evidence requirements justifying any work performed by an H-1B visa holder off to the H-1B visa petitioner's premises.

As previously pointed out, H-1B nonimmigrant professional and specialty occupation worker employers will have an extra burden proving the Employer-Employee relationship on initial H-1B petitions.

The Neufeld Memo states that the prospective H-1B nonimmigrant petitioner can demonstrate an employer-employee relationship by providing a combination of the following or similar types of evidence:

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THE NEUFELD MEMO REVISITED AND THE H-1B VISA CLIMATE: The New Face of Enforcement in the H-1B World, Part II - By David Nachman, Esq. & Michael Phulwani, Esq.
Posted by: euser
November 03, 2011

This is the continuation of a series of articles on the Neufeld Memo, published on January 8, 2010, which radically changed the way that H-1B's were adjudicated. The Neufeld Memo put enormous pressure on employers to satisfy additional evidence requirements justifying any work performed by an H-1B visa holder off to the H-1B visa petitioner's premises.

The USCIS has specifically stated that the following scenarios are now NOT acceptable to meet the "control" issue with regard to H-1B employment:

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THE NEUFELD MEMO REVISITED AND THE H-1B VISA CLIMATE: The New Face of Enforcement in the H-1B World, Part I - By David Nachman, Esq. & Michael Phulwani, Esq.
Posted by: euser
November 03, 2011

As a result of increased site visits and a general inclination to decrease the number of H-1B's approved, the U.S. Citizenship and Immigration Services ("USCIS") published a watershed memo on January 8th, 2010 ("the Neufeld Memo"). The Neufeld Memo radically changed the way that H-1B's were adjudicated. The Neufeld Memo also put enormous pressure on employers to satisfy additional evidence requirements justifying any work performed by an H-1B visa holder off of the H-1B visa petitioner's premises. Additionally, the Neufeld Memo added additional requirements for H-1B petitioners to obtain H-1B extensions. It is this author's opinion that as a result of this Neufeld Memo, employers will see automatic requests for evidence in any case where the beneficiary may be performing off-site work and for any H-1B visa extension petition. It continues to be ourstrong recommendation that employers add a section to their H-1B petitions which cover the issues addressed by the Neufeld Memo. Even one and one half years after this Memo was promulgated.

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