purpose here is to bring you the latest and most relevant immigration
news. Immigration law is in constant flux, and we want to help you stay
on the cutting edge of the field.
Gus M. Shihab, Esq.
you are an executive employing foreign professionals, a scientist, a
professor, a small business owner, a multinational manager, or a U.S.
citizen pursuing an immigration case for a relative or loved one, our
lawyers possess the legal skills and sensitivities needed to achieve
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that your immigration lawyer has your best interests in mind and at
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competently, and in an affordable manner. Gus M. Shihab, Esq. and the
attorneys at The Law Firm of Shihab & Associates hold these values
at the forefront.
announced under the President's immigration executive action plan,
USCIS is expanding eligibility for Employment Authorization Documents
(EADs) to dependent spouses of H-1B visa holders who are also seeking
In order to receive the EAD, the
H-4 spouse must prove that the H-1B visa holder either has an approved
petition for immigrant worker (I-140) for which the priority date is
still not current--or has extended the H-1B visa beyond the six years
pursuant to the provisions of the American Competitiveness in the Twenty
First Century Act of 2000 (otherwise known as AC21).
May 26, 2015, those H-4 spouses will be able to file form I-765. If the
aforementioned requirements are met and the EAD is approved, the H-4
visa spouse will be able to work in the U.S. with virtually no
February 16th, a judge in Texas put an indefinite hold on the
President's planned expansions of the deferred action program for
certain undocumented immigrants. Partially planned to begin last week,
they would eventually cause the program to ease the fear of deportation
for up to five million additional undocumented immigrants. However, when
the context of the situation is considered, including the basis of this
ruling, one should come to find that it is only a minor setback. We
believe it is due more to political frustration than legal violations.
have also published an article that talks specifically about the errors
in this ruling, independent of the circumstances surrounding it. To
read this article, click here
its monthly release, we break down and analyze the Visa Bulletin. This
document is how the State Department announces who is eligible to
petition for permanent residence. We also provide other relevant case processing time information.
biggest surprise here is that India's EB-2 date moved by 16 months to
1/1/2007. This appears to be part of an effort to fill higher visa
categories earlier in the year. Further advancement is anticipated. Now
may be the time for an upgrade petition from EB-3, as that date is still
struggling. (It just now reached 2004.) EB-3 filers (that may now be
qualified for EB-2) with priority dates in 2006 would be well advised to
start the process of an upgrade soon (to beat potential
EB-2 date also made a strong advancement (when compared to its recent
slow activity) to 9/1/2010. This could be due to lowered Chinese demand
for family-sponsored visas, the desire to fill higher visa categories
earlier in the year, or some downgrade petitions to EB-3. The EB-3 date
is still (over a year) ahead of its EB-2 counterpart. There is still
time for some to take advantage of a downgrade petition to EB-3, but
this must be done fast for it to not be counterproductive. Chinese
demand for EB-5 isn't overtaking supply as fast as originally expected,
but a cutoff is still expected by July.
All Other Areas
continues to be no danger of additional nation-specific cutoff dates
for EB-1, 2, or 5. Further, the cutoff date for the rest of the world's
EB-3 category has advanced to 6/1/2014. This may spur demand from one
nation enough for it to have its own (and further behind) EB-3 date by
the end of the year: the Philippines. Filipinos with EB-3 intentions
should thus begin the process as soon as possible.
Read more here...
Above is an analysis of Employment Based immigration categories. To view our analysis of Family categories, click here
recently handled an H-1B case that dealt with an issue for which
precedent sheds no light. The question posed to us was the following:
how does an employer avoid being legally required to pay an H-1B
employee that has fled the area? For our client employer, the fact that
this question was without answer could have led to serious LCA
violations due to matters out of its control.
require payment to the foreign national at or above the DOL's prevailing
wage throughout H-1B employment. Exceptions can be made, but in order
for this to happen, case law seems to require that the employer provide
evidence that is often unavailable when it is most needed. The case we
handled is nearing a solution, but the greater issue remains unresolved.