Posts

EB5 Visas (PART 1)

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What Does It Take to Get An EB5 Visa?Why the interest in an "EB5," or (Employment-Based 5) category of green card, or Legal Permanent Resident, in the United States?
The short answer is: Speed.  
The EB5 category is the fastest method of a noncitizen to become a Legal Permanent Resident in the United States.  As with all methods of immigration, however, there's a tradeoff.  The speed of permanent entry is offset by a high standard of eligibility, and more importantly a high expense.  But those that can afford a sizable investment into U.S. business, hiring employees, OR local government projects along with high legal fees may consider this mutually beneficial approach.  But beware, the documentation required rivals an SEC audit.  In short, the EB5 is a "strings attached" process of mutually beneficial immigration to America.
The applicant must invest in a new, expanding, or troubled business.New: created or restructured after November 19, 1990Expanding: existing n…

How Does A Stay of Adjudication Impact Immigration?

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Recently I was asked the following question:I'm considering accepting a "Stay of Adjudication" plea, in a pending criminal sexual conduct case.  I also have a pending asylum application.  I need to know, would accepting this still type of plea make me removable as far as the DHS is concerned? Should I just risk trial then if my worst fear is deportation?
SHORT ANSWER:  
A "stay of adjudication" represents a full conviction for immigration purposes.  So if you plead guilty, with "stay of adjudication," to a criminal charge, you'll have to see if that criminal charge itself impacts immigration.  In your case, you would still be deportable with a Stay of Adjudication to criminal sexual conduct.  If it was a Stay of Adjud to disorderly conduct, then you would probably be fine.  A noncitizen should ALWAYS have an experienced immigration attorney help or represent them in a criminal charge!  There are just too many nuances!
ANSWER:
You pose the proper quest…

Married to US Citizen, Waiting for H1B Renewal

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I Recently Answered the Following Question:
I am currently waiting for my H1B renewal to be approved.  When I get married to my U.S. citizen fiancee, can I file for adjustment of status while my H1B is still pending?
ANSWER:
Yes, you can start the green card process by filing the Immediate Relative petition (I-130), Adjustment of Status application (I-485), Employment Authorization (I-765) and Advance Parole (I-131).  The pending H1B application won't affect the process.
IMPORTANT!  I suggest continuing with your H1B renewal AND status until your green card is in hand--even if you receive an interim EAD.  If, for some reason, your green card is denied you will still be in H1B status and no additional action would be required.  Other attorneys do argue, however, that it is better to change your work status to EAD. This preserves a certain amount of time being deducted from one's H1B clock, in case the green card is denied and you have to go back to H1B.  The drawback is that it wou…

Second, Part-Time H1B Job?

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Recent I was asked the following question:
I work full-time as a software developer in H1b status.  Now a local college has asked me if I can join as an adjunct teacher and teach a computer science class for only 4 hours a week.  It is a government college and is willing to apply H1B.  Can I work/teach part-time in that college?  Is premium processing available?ANSWER: 
Yes, this should work.  You can have what is called a concurrent H1B visa, i.e. more than H-1B at the same time.  You just need to make sure that the second H1B application clearly indicates that it is a concurrent H1B petition and not a change of employer or replacing your current employment in any way.   Also, you must continue to abide by all the terms of your original H1B.  Premium processing for the teaching job is indeed possible, but prevailing wage determination's and LCA's take time.   As such, you may consider using a private service for your prevailing wage determination, or just use Online Wage Librar…

Online University Program?

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QUESTION:

Does one need to have an F1 visa enroll/study in an online program? I’m currently on an H4 visa.

ANSWER:

NO. F1 visas require full-time attendance at a brick and mortar school that is accredited and nonprofit. However, you are free to study in an online program while on an H4 visa. But, you are not eligible for temporary employment related to your field of study, or on campus employment—something available to some foreign students, such as those in an F-1 status.



STEM OPT: Questions About The SEVP Portal?

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*** This is literally a copy and paste from the Department of Homeland Security’s FAQ. Link to that the original document is at the end of this post.***

Top Questions from Designated School Officials (DSOs) about the Student Exchange Visitor Program (SEVP) Portal
Note: This document provides answers that interpret U.S. government regulation, but does not serve as a replacement for federal regulation or official SEVP policy guidance. Questions have been edited for grammar and style. Questions were either received by SEVP or taken from the SEVP Special Report Webinar: SEVP Portal on March 20, 2018. SEVP Portal and policy
1. Does SEVP have plans to deploy additional functionality through the SEVP Portal?
A. Yes, SEVP has plans to deploy additional functionality through the portal. The first release, deployed in March 2018, was a basic release to provide initial functionality to F-1 students engaged in post-completion optional practical training (OPT) and M-1 students engaged in practical…

OPT: Can You Hear The Collective PHEWW??

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Huge sigh of relief to stem IT workers on stem OPT. They may work offsite, contrary to what was announced earlier this summer. However a strict employer-employee relationship must be maintained. To accomplish this, my recommendation is to follow employer-employee relationship guidelines spelled out in the 2010 Neufeld memo for H1B visas.

https://www.uscis.gov/news/alerts/clarification-stem-opt-extension-reporting-responsibilities-and-training-obligations