Shihab Immigration News: November 2014

The Law Firm of Shihab & Associates
Shihab Immigration News: November 2014
The Law Firm of Shihab & Associates
Our 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. Be sure to check out our blog to stay on the cutting edge of current immigration news.

Gus M. Shihab, Esq.
Founder
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Alternatives to the H-1B      
The Law Firm of Shihab & Associates
The H-1B Visa is, understandably, the go-to visa when thinking about working in the United States. It is the often the first option that employers turn to when looking to hire an international candidate.
 
However, the quirks of filing these visas, along with the need to renew and the six-year-limit, may lead some to look for alternative non-immigrant visas. There are a few, and they should be considered. Often, if one qualifies for any of these, he or she shouldn't go straight for the H-1B.
  • TN: Canadian and Mexican NAFTA Workers. Can be extended indefinitely, and no need for prior approval from USCIS (if Canadian).
  • E-3: Australian Specialty Workers. Indefinite extensions, and the visa holder's spouse is eligible for work authorization.
  • L-1A: Multinational Executives or Managers: Can lead to approval in the wait-free EB-1 category for a green card.
  • L-1B: Specialized Knowledge Employees: Was once a fast way to transfer employees to the U.S., but has been hard to obtain in recent years. However, this could change soon.
  • O-1: Aliens of "Extraordinary Ability:" Artists, musicians, actors, athletes, and scientists. Indefinite extensions.

 Read more here... 

Contributed by Adam E. Shor, Esq. 
President Obama's Executive Order:
Removing "Felons, not Families" 

The Law Firm of Shihab & AssociatesHere is a summary of the parts of the executive action that deal with deporting "felons, not families" and "criminals, not children." These aspects of the executive action would defer removal proceedings or deportation for five to seven million qualifying individuals.
  • Expansion of DACA; no age limit, more recent necessary start date of current continuous presence for eligibility.
  • Introduction of DAP: deferred action for parents. Undocumented parents of permanent residents and citizens can stay and work in the U.S. if they meet the requirements.
  • Provisional Waiver Expansion: More legal avenues to get it.
  • Discontinuation of harmful program "Secure Communities"

Read more here...

President Obama's Executive Order: Addressing the "Broken System"

The Law Firm of Shihab & Associates
This is a summary of the aspects of this executive action that pertain to smoothing out the employment-based immigration process. President Obama and many others would prefer to create an entire new system, but this is impossible without action from congress. However, this reform is still substantial:
  • Modernizing the PERM process: looking at ways to make it fairer and faster.
  • Ability to receive pending I-485 benefits while waiting for visa availability
    (includes work authorization).
  • Sidestepping EB-5 Retrogression; faster and better ways for investors to immigrate.
  • Revival of L1-B through petition guidance.
  • Ways of "increasing" available visas.
  • OPT extensions, and more.

Read more here... 

L-1A Intracompany Managers & Execs:
Making Sure to File it Right

The Law Firm of Shihab & Associates
When putting together the petition for an L-1A visa, one must consider that while this is one of the most potentially rewarding non-immigrant visas, there is a significant denial rate. Investing the necessary time and effort into crafting an effective application can make all the difference.

These are a few things to keep in mind: 
  • The petition should be clearly aimed toward a managerial or an executive role. Ambiguity is not an option. Included in the petition should be an organizational chart detailing the foreign national's future role at the location.
  • Special project managers or "functional managers" can also qualify, but these petitions need more evidence of duties.
  • The smaller the company, usually, the better-put-together the L-1A petition needs to be.
The L-1A is a rewarding visa. If you are considering applying for this visa, it is imperative to acquire competent legal counsel.

Read more here...

Contributed by Gus M. Shihab, Esq. 

 
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