An Introduction to Hardship Waivers

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An Introduction to Hardship Waivers (April 26, 2016)

A person may be found to be inadmissible to the United States for many different reasons.  These include three- and ten-year bars for unlawful presence; crimes involving moral turpitude (CIMTs); prostitution; simple possession of less than thirty grams of marijuana; certain medical inadmissibility; and misrepresentation. To overcome such an inadmissibility, an I-601 Waiver will need to be filed.  The primary basis to qualify for an I-601 Waiver is to show “extreme hardship” to a qualifying relative, i.e. a U.S. citizen or permanent resident spouse, parent or minor child.  Inadmissibility might be waived if the applicant can prove their relative will face extreme hardship in the United States without their presence. Conversely, the applicant can demonstrate their relative will suffer extreme hardship should their relative follow them back to their homeland.

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Do’s & Don’ts in H-1B Filing Season

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Do’s & Don’ts in H-1B Filing Season (February 9, 2016)

Each year prior to April employers and their prospective employees vying for the much coveted H-1B status, of which currently only 85,000 visas are available every year, work to file their cases with U.S. Citizenship & Immigration Services (USCIS) and hope that they will actually have their H-1B applications approved.  Because so much can be at stake in these filings, potentially resulting in loss of job and business opportunities, not to mention potentially displaced foreign nationals who would not be able to be in or continue to stay in the United States absent other viable immigration options, paying attention to details and making sure that a filing is done correctly may make all the difference.

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Treaty Traders and Investors

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Treaty Traders and Investors (February 2, 2016)

Foreign nationals who wish to come to the U.S. to engage in international trade or to direct and operate a business investment may do so if they are citizens of a country that has entered into a qualifying Treaty of Friendship, Commerce, and Navigation or its equivalent with the United States using the E visa.  This is a temporary, non-immigrant visa that may be obtained from overseas at the U.S. Embassy or consulate through consular processing or from U.S. Citizenship & Immigration Services if the foreign national is filing from within the U.S. for an extension or a change of a status.

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Matter of Simeio Solutions and its Effects on the Relocation of H-1B Workers

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Matter of Simeio Solutions and its Effects on the Relocation of H-1B Workers (October 19, 2015)

H-1B visas are nonimmigrant visas granted to bring a limited number of “specialty workers” to the United States each year.  To qualify as a specialty worker, a beneficiary typically needs a degree and/or specialized training.  The H-1B visa program allows American businesses to fill positions with highly-qualified foreign workers while simultaneously protecting the interests of U.S. workers.

On April 9, 2015, the USCIS Administrative Appeals Office (AAO) issued its precedential decision in Matter of Simeio Solutions.  (26 I&N Dec. 542, 2015.)  This case has significant implications for H-1B workers and employers, as it changes the obligations of H-1B employers if the location of the worksite changes after the petition is filed.

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Basic Overview of the H-1B Visa Qualifications and Procedures

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Basic Overview of the H-1B Visa Qualifications and Procedures (September 9, 2015)

The H-1B is a non-immigrant visa that allows United States employers to petition on behalf of a foreign national employee to work in a “specialty occupation” on a temporary basis. While the configuration of the visa program has changed over the years, the current H-1B program has been in effect since the Immigration Act of 1990. Qualifications for specialty occupations will be discussed in more detail, but are generally comprised of highly educated workers like scientists, economists, engineers, and doctors.

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USCIS Interim Policy Memorandum Addressing L-1B Adjudications to Become Effective August 31, 2015

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USCIS Interim Policy Memorandum Addressing L-1B Adjudications to Become Effective August 31, 2015 (August 14, 2015)

L-1 visas are non-immigrant visas specific to the employees of multinational corporations. These visas provide a means to transfer employees currently working for the company abroad to an affiliated U.S. operation. L-1A visas allow higher-level employees such as executives and managers to transfer to a U.S. company. The L-1B category encompasses other current employees who hold “specialized knowledge” in the field or of the company.

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Update on DAPA and Expanded DACA

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Update on DAPA and Expanded DACA (July 1, 2015)

In November of last year, President Obama announced a series of immigration policy changes.  Many of the changes, relating primarily to employment-based immigration, were uncontroversial and are going forward as planned.  For example, the administrative process for granting permanent residency (“green cards”) for certain workers is being streamlined to avoid backlogs in processing these applications.  In addition, the President directed USCIS (United States Citizenship and Immigration Services) to issue a memorandum clarifying what types of “specialized knowledge” applicants for L-1B nonimmigrant petitioners need to demonstrate. Two of the provisions announced in November have met significant opposition.

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Same-Sex Marriage and Immigration

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Same-Sex Marriage and Immigration (June 16, 2015)

Like many areas of law, immigration is dynamic.  U.S. Citizenship and Immigration Services (USCIS) monitors relevant case law and makes changes to immigration policy accordingly.  Same-sex couples have made significant legal strides in the past decade, and these victories are reflected in current USCIS policy.  It is crucial that anyone with immigration issues who is in a same-sex relationship finds an attorney who understands how LGBT (lesbian, gay, bisexual, and transgender) immigrants and their partners are affected by new regulations and procedures.

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Green Card Through Marriage

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Green Card Through Marriage (May 26, 2015)

When a United States Citizen (USC) or Lawful Permanent Resident (LPR) marries a resident of another country, the foreign spouse can typically receive a Green Card, granting him or her permanent U.S. residence. In order for the foreign spouse to receive LPR status, the couple must follow the proper procedures, and the foreign spouse must meet certain qualifications. Obtaining a visa and LPR status through marriage has great advantages, one being the absence of statutory limitations (or caps) on the number of these visas that will be issued to immediate relatives each year. Immediate relatives are the spouses, parents and unmarried children under the age of 21 of U.S. citizens. A spouse of a LPR and any unmarried children under the age of 21 are subject to the annual visa cap and may qualify for a Green Card once a visa becomes available to them in the family-based second preference group.

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Students & Cap-Gap Protection

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Students & Cap-Gap Protection (May 22, 2014)

Since 2008 an F-1 student who has a pending H-1B application at the United States Citizenship & Immigration Services (USCIS) to change status from a student to a professionally skilled worker will be able to automatically extend his/her lawful status until October 1 of the fiscal year for which H-1B status is being requested.  The same is true for students who have been granted optional practical training (OPT) and may continue to remain in the United States and work should their OPT expire before October 1.  Those students who have not been granted OPT will have lawful status to remain in the United States but will not be able to work until their H-1B application has been approved.

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