Immigration Visa Attorney Blog

FAMILY IMMIGRATION

Tue, 15 May 2012 12:50:55 -0500

One of the most common ways of obtaining a permanent residency card that
will allow a non-resident of the United States to remain in the country is
through a family visa. Understanding the terms and conditions that apply to
gaining residency in this manner can be a complicated and lengthy process.
It is essential to work with an experienced immigration attorney like Sam
Shihab to help during this process.

Family based visas are provided in two groups: immediate relative
immigrant visas, and family preference immigrant visas. The number
of immediate relative visas is unlimited and is based on a close family
relationship with a U.S. citizen such as a spouse, adopted orphan, or a
parent. Family preference visas are limited each year and are for more
specific and distant family relationships with a U.S. citizen.

Update For H-1B Cap-Subject Petitions

Fri, 11 May 2012 14:10:01 -0500

Here is a quick update regarding H-1B cap-eligible petitions for fiscal year 2013.

As of the May 4 report, the United States Citizenship and Immigration Services (USCIS) had received 32,500 petitions for the 65,000 (regular) cap and 13,7000 petitions for the 20,000 (advanced degree) cap. This is the fifth update of the fiscal year, with petitions having been accepted starting on April 2.

In USCIS' previous (April 27) update, the cap numbers stood at 29,200 for regular petitions and 12,300 for advanced degree petitions.

At this point in FY2013, the numbers indicate that filings are being accepted at a rate of approximately 3,500 per week for the regular cap and 1,300 per week for the advanced degree cap. We believe that this rate should continue for the next month or so.

SEEKING ASYLUM

Wed, 25 Apr 2012 16:18:18 -0500

The United States of America is based on basic freedom. If a foreign government, or a group within that country that the government cannot control, jeopardizes that freedom, the person being persecuted can seek asylum. The application process can be difficult and has a high rejection rate. Working with an experienced immigration attorney like Sam Shihab and Associates will improve chances of approval in the shortest time frame possible.

A DREAM possibility

Mon, 16 Apr 2012 15:20:14 -0500

One possibility of becoming a legal citizen of the United States was introduced to Congress in 2007 as the DREAM act. An acronym for Development, Relief and Education for Alien Minors, the DREAM act has been reintroduced and redefined since its inception.

If passed, the DREAM act would enable people who were brought to the United States illegally as minors and have lived in the country for at least five years prior to the bill's enactment to obtain permanent residency. Other conditions apply to the law as well, such as graduating from a U.S. high school and showing good moral character.

The act would also offer a six-year period of temporary residency if those who qualified were to complete two years of service in the military or two years of education at an institution of higher learning. During that six-year period, they may achieve permanent status by acquiring a degree or serving another two years in the military.

New H-1B Guidelines for consulting Firms

Thu, 12 Apr 2012 18:20:47 -0500

The USCIS issued a revised "Q & A" regarding the establishment of employee-employer relationship with regards to H-1B. While the Q & A did not change any requirements for H-1B, it clarified that a "consulting company may be able to establish that a valid employer-employee relationship will exist."

This news appears to be in response to a January 2010 memo from Associate Director of Service Center Operations Donald Neufeld, which tackled the issue of H-1B and companies that handle consulting. The memo challenged whether or not a staffing firm could establish H-1B's required employer-employee relationship.

Under this new guideline, consulting firms can demonstrate employer-employee relationship by proving "the right to control the work of the beneficiary." This includes paying the beneficiary's salary, and if they "determine the beneficiary's location and relocations assignments and whether the petitioner will perform supervisory duties."

Report: 22,000 H-1B Petitions Already Filed for FY2013

Sun, 08 Apr 2012 11:56:39 -0500

The Press Trust of India (PTI) is reporting that the United States Citizenship and Immigration Services (USCIS) received 22,000 H-1B applications in the first four days of Fiscal Year 2013.

A spokesperson for USCIS said the government has received "approximately 22,000 H-1B petitions" since FY 2013 began on April 2. The spokesperson emphasized to PTI that the numbers are preliminary.

The 22,000 figure counts petitions filed for both the regular (65,000) and advanced degree (20,000) caps.

This number marks a significant increase in first week H-1B petitions over the past few years. If accurate, 22,000 would be highest number of early applications since 2009, when USCIS received 42,000 during the first week.

'Significant' Retrogression of EB-2 Priority Could Come Next Month

Fri, 06 Apr 2012 16:39:35 -0500

The U.S. Department of State is expected to retrogress the cutoff for Employment-Based Second Preference (EB-2) for India and China to August 2007. The change could come as early as the May bulletin.

This comes from comments made last month by Charles Oppenheim, who is the Chief of the Visa Control and Reporting Division for the State Department. Oppenheim mentioned August 2007 as a likely point of retrogression, but did not rule out cut-off dates being retrogressed more than projected. Currently the priority date is May 1, 2010.

Syria Granted Temporary Protected Status

Fri, 30 Mar 2012 14:32:26 -0500

Last week the Department of Homeland Security announced that it had designated the nation of Syria for Temporary Protected Status (TPS). This will be in effect for 18 months and will be reviewed again before the end of that period.

Additional details will be forthcoming from Homeland Security as to who qualifies and exactly how to work through the application process. In the meantime this would be an ideal time for Syrians in the Columbus, Ohio area to seek out assistance from an experienced immigration attorney.

Homeland Security uses the TPS designation in situations where conditions in a foreign country make it unsafe for a foreign national to return safely. Cases like civil war and environmental disaster are common reasons the designation is used by the U.S. government. If foreign nationals are found eligible for TPS they can obtain employment authorization (EAD), can be granted traveling privileges and are not removable from the U.S.

In the case of Syria, the concern is over a citizen uprising related to President Bashar al-Assad. According to the United Nations, more than 9,000 people have died since the so-called Arab Spring made its way to the country in 2011. Currently there are concerns about military snipers targeting unarmed civilians including small children.

Lights...Camera...Green Card!

Mon, 26 Mar 2012 16:26:21 -0500

The Employment-Based, category 5 or EB-5 Visa classification established by the U.S. government in 1990 has succeeded in providing thousands of jobs for Americans at no cost to the American taxpayer. An EB-5 visa wherein "Immigrant Investors" can earn lawful permanent resident status by investing in job creating American enterprises has even found it's way onto the silver screen.

The Hollywood Reporter noted on 1/23/12 that the EB-5 program has apparently become a consideration for film financing. Time Warner borrowed $100 million in EB-5 funds and $47.5 million in two separate offerings to underwrite movie and TV production while Lionsgate Studios borrowed $66 million in EB-5 funds and $50 million in two separate offerings to underwrite movie production. Comcast Corporation borrowed $26 million to finance the construction of its headquarters. Independent investors outside of the studio system have also begun considering EB-5 opportunities to fund their slates.

EB-5 funds have also created jobs in the construction of commercial real estate, healthcare facilities and agriculture projects.

US Citizenship and Immigration Services recently reported 2,364 EB-5 visas issued in the first three months of the current federal fiscal year. This equates to at least 10,000 new jobs for American workers. Immigrant Investors may fund and operate their own businesses or channel their investment through a certified "regional center."

The complexities of the program make it essential to contact someone qualified in Immigration Law. Sam Shihab and Associates have the experience to assist in the application and execution of the EB-5 process, providing an extremely effective way for a foreign national to obtain residency in a short period of time.

Shihab Receives Highest Rating

Wed, 07 Mar 2012 12:01:34 -0500

Attorney Sam Shihab of Sam Shihab & Associates has been awarded the highest possible rating in a recent peer review from Martindale-Hubble, one of the country's oldest and most respected legal directories.

Shihab was rated "AV Preeminent," receiving a score of 4.9 (out of 5). According to Martindale-Hubble's criteria, AV Preeminent "is a testament to the fact a lawyer's peers rank him or her at the highest level of professional excellence."

Said one lawyer who contributed to Shihab's peer rating: "Sam is an excellent and experienced immigration lawyer with high ethical standards." A reviewer stated that Shihab's "professionalism and ethics are beyond reproach."

Martindale-Hubble reviews attorneys who have been admitted to the bar in the U.S. or Canada in good standing. The review is conducted in full anonymity by attorney peers who have worked or dealt with attorney Sam Shihab; as such it reflects the opinion of members of the bar in various jurisdictions.

Study Reveals Sad State of Indian H-1B Visa Approval

Fri, 02 Mar 2012 14:55:13 -0500

A report issued last month by the National Foundation for American Policy reveals startling numbers related to the rate at which Indian visas are being denied for the H-1B and L-1 categories. The study indicates it has become far more difficult for Indian-born workers to be approved for those visas by United States Citizenship and Immigration Services.

The raw numbers are startling:

-H-1B denial rates for Indians rose from 2.8 percent in FY 2008 to 22.5 percent in FY 2009.

-Between FY 2006 and FY 2008 the denial rate for Indians was never higher than three percent; in the three years since it has been at least 10 percent.

-The rate of "Requests for Evidence" (RFEs) rose from 4 percent in FY 2004 to 35 percent in FY 2008. In FY 2011 the percent of RFE was at 26 percent.

The NFAP points out in its conclusion that USCIS "adjudicators and/or others at the agency have made it far more difficult for skilled foreign nationals to work in America." The result, of course, is that "this is causing companies to consider moving more work out of the United States to ensure more predictability and avoid the difficulties of the U.S. immigration system."

2013 H-1B Application Season Approaching

Fri, 24 Feb 2012 09:17:12 -0500

We wanted to remind employers that the application window for H-1B visas for FY2013 opens on April 1, 2012. Those visas will have a start date of October 1, 2012.

Only new visas count towards the 65,000 "regular" cap. Petitions on behalf of those working for colleges and universities or related nonprofits are not affected by the cap.

It is difficult to predict when the caps will be reached on any given year, so please contact Sam Shihab & Associates, LLC if you have questions or would like to begin the application process.

The cap for FY2012 was reached November 22, 2011. The Masters cap (20,000) was hit in late October.

Visa Bulletin Retrogression: Consequences for Spouses

Tue, 21 Feb 2012 14:07:37 -0500

It is an exciting time for many foreign nationals living in the United States. During the last four months, the EB-2 priority dates for India and China have moved forward over two years. As a result, many employment-based immigrants have been able to file Applications for Adjustment of Status earlier than they ever expected. At times such as this, many forget about the possibility of Visa Bulletin retrogression, the "rolling back" of priority dates.

Visa Bulletin Retrogression is of particular concern for foreign nationals that are intending to or already are married. Spousal concerns can prevent or delay the filing of Adjustments of Status Applications. Such, when combined with Visa Bulletin retrogression can be devastating. As the Department of State has recently stated that Visa Bulletin retrogression is likely to occur soon (See HERE) we thought we would take the opportunity to discuss two common issues that face employment-based Adjustment of Status Applicants with regards to their families:

Delaying Adjustment of Status due to Impending Marriage

United States immigration law permits only pre-existing spouses to immigrate to the United States with the principal employment-based immigrant. That is, a couple must be married before the employment-based immigrant receives their green card. Thus, intending employment-based immigrants sometimes delay filing for Adjustment of Status until after they are married so that their new spouse can immigrate to the United States with them.

US Senator To Look at Indian H-1B Denials

Thu, 16 Feb 2012 09:29:08 -0500

Mark Warner, a member of the United States Senate from Virginia, says he will look into concern regarding recent H-1B denials to applicants from India.

Warner is the co-chair of the Senate India Caucus. This month he spent a week in the country as part of a Congressional delegation. During the trip Warner was informed that some Indian companies believe the percentage of H-1B visas denials in their country has been higher than other parts of the world.

Warner said that in response to the concerns he has recently introduced legislation which would examine the U.S. visa issue and take a look at providing green cards to foreign nationals who graduate from American universities and wish to work in the country.

Warner has said he's in favor of removing the caps on H-1B visas and introducing "additional opportunities for Indian H-1Bs."

A more sensible path to green card?

Fri, 27 Jan 2012 13:41:27 -0500

Earlier this month the Obama administration announced it was going to try and tweak the process surrounding federal immigration law in the hopes of positively impacting thousands of American families. It is a story our readers in Troy, Michigan and Columbus, Ohio should follow closely.

As announced by U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas, the change involves how undocumented immigrants with American family members will be able to apply for a green card. Undocumented immigrants would be able to remain in the U.S. while waiting for the visa application process to be completed.

Under current law U.S. citizens can submit green card applications for spouses and children, whether or not those family members entered the country legally.

However, as it currently stands, in most cases those family members have to return to their home country to receive their visas. But leaving the country triggers an automatic policy where they cannot return to the U.S. for upwards of a decade, even if they are eligible to become legal resident.

The new proposal provides that undocumented immigrants receive a waiver before leaving the country to get their visa. The idea is that this will cut down on delays for their return.