purpose is to bring you the latest and most relevant immigration news.
Immigration law is in constant flux, and laws are constantly being
revised. President Obama recently announced major changes he is
introducing through executive action. We've covered everything you need
to know about his plan and more. Be sure to check out our blog to stay
on the cutting edge of current immigration news.
Every month we release updates to our website's Processing Times
page. There you will find an analysis of the current Visa Bulletin, the
most recent USCIS petition processing time postings, and almost
anything else you need to know to stay up to date on this subject. Be
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you are a human resource professional employing foreign professionals, a
scientist, a professor, a small business owner, a multinational
corporation, or a US citizen pursuing an immigration case for a relative
or loved one, our lawyers possess the legal skills and sensitivities
needed to achieve your goals. It is of utmost importance that you, the
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and the attorneys at The Law Firm of Shihab & Associates hold these
values at the forefront.
H-1B visa is one of the most used categories by employers. This is no
surprise: those that qualify are some of the most sought after and
skilled workers globally. However, as is the case with many visas, the
demand exceeds supply. In the case of the H-1B, only about one in three
qualifying cap-subject petitions are selected. The selection process is
random chance (with an advantage for those with Master's degrees or an
equivalent). However, if the employer/petitioner is among certain
non-profits or research institutions, the alien's petition is
cap-exempt. For reasons such as this (and more): the H-1B process, while
attractive, is far from a safe bet for obtaining a nonimmigrant visa.
Read more here.
Contributed by Adam Eric Shor, Esq.
PERM process is the means in which the Department of Labor ensures that
immigrants coming to work permanently in the United States are not
displacing U.S. Workers. Most employment based immigrant visa petitions
for highly skilled foreign workers must pass this test. However, the
process has not been reexamined for nearly a decade, which is a problem
because the current process relies on assumptions that no longer hold
true in today's employment conditions.
changes are forthcoming under the President's immigration executive
action plan. However, these changes would not be effective until Spring
2015 at the earliest. One of the most confusing aspects of the PERM
process is how to process it for traveling employees. However, this
firm's experience yields some answers.
Contributed by MaryLou Ranney, JD
Problems with my Visa Stamping?
the visa stamping process, a consular officer may suspect a problem
with the visa application. The problem may stem from a review of
documents and statements made in the underlying employment based
petition, from information the consulate gathered through cross agency
data sharing, or from statements uttered by the foreign national herself
during the consular interview. When such problems arise, the consular
officer has four options: 1) issue what is known as a 221(g) letter; 2)
return the approved visa petition to the USCIS with a request to revoke
the approval; 3) request an investigation be launched by the consulate,
by one or more agencies in the United States such as the USCIS ; or 4)
issue a visa application denial.
Contributed by Gus M. Shihab, Esq.
EB-5 investor category is perhaps too popular for its own good.
Petitions are expected to overtake visa availability relatively early
in the fiscal year, which will likely result in the creation of a
priority date cut-off. The cut-off is likely to only affect mainland
Chinese applicants, because they constitute as much as 80% of the
petitions. Because of regulations that will come into effect once the
visas are depleted, there may be far reaching implications in the world
of investor visas--and also for economic development in many parts of
the United States. This issue is serious enough to warrant Congressional
action, but unfortunately this doesn't seem likely. Attempting to file
an EB-5 petition before the visas run out this year is a very good idea.
To read more, click here.
provisional waiver is a way for someone who entered the country
illegally to avoid being barred from it for three to ten years, which is
the usual punishment.
government is willing to grant this provisional waiver if it can be
shown that forcing the alien to leave for an extended period of time
will cause "extreme hardship" for qualifying U.S. citizens or lawful
permanent residents. While better definitions for extreme hardship are
on the way under the President's immigration executive action,
petitioners need to rely on trial and error to determine what the
government is looking for to show this hardship. Nonetheless, there are
some tried and true avenues of showing "extreme hardship."
To read more, click here
Contributed by Ian Vita, Esq.