Immigration QA

Could you win a duel for your immigration status? On this date in 1804,  U.S. Vice President, Aaron Burr , mortally wounded former Secretary of the Treasury Alexander Hamilton in a pistol duel in Weehawken, New Jersey.  The two had once been friends, but a long history of conflict spawned largely by their clashing political ambitions set them at odds. The bad blood may have started in 1791, when Burr replaced Philip Schuyler , Hamilton's father-in-law, in the United States Senate.  In 1800 Burr very nearly won the presidency, tying Thomas Jefferson with 73 electoral votes, and Hamilton—who disliked both Jefferson and Burr, but distrusted Burr more—worked hard to ensure that Jefferson emerged the victor when the election was thrown into the U.S. House of Representatives. Hamilton similarly labored to defeat Burr's bid for the governorship of New York when it became evident that Jefferson meant to drop Burr as vice-president after one term.  ...

BREAKING:   Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA.  Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.  For details, please see the  USCIS Response to Federal Injunction Regarding Recent DACA Court Decision . If you believe you make qualify, it is a very good idea to call a  licensed immigration lawye r now to review your rights.

I recently answered the following questions: 1. Do we qualify for H1B if we are hourly and level 1 wage? 2. Can we apply for H1B and also STEM extension? 3. Is premium processing of H1B necessary? ANSWER 1. You can qualify.  But, some problems occur with Level 1 wages when they are low enough to question whether the occupation is really a specialty. So it depends on the job duties/requirements, and best examined on a case-by-case basis.  In other words, a wage by any other name may or may not smell as sweet! 2. Yes. 3. No but usually worth the expense. Some IT consultants refuse to premium process in order to retain the prospect in current employment as long as possible, or play the “project shuffle.” See a licensed attorney for options to address this.

Today I answered the following concern : “My company just today told me they will not be filing for H-1B this year for me. My STEM OPT expires in Jun-2018. I will have to find another job in time for filing H-1B now.” ANSWER : It’s disappointing learn at the last minute that an employer declines to file your H1B petition, particularly after what was presumably loyal service through one’s STEM OPT, which can last up to three years. In the IT industry at least, this is a lifetime! It reminds me of the Soup Nazi episode from Seinfeld. Customers at a New York soup cafe would stand dutifully in line, but one error in store protocol would result in them being thrown out of the store. The owner would yell, “No soup for you!” In Seinfeld, dejected soup customers could find lunch elsewhere, no doubt a disappointingly substandard lunch to the amazing soup they hope for. Nonetheless, their palate would be sated. When an employer repays dutiful employment during your l...

During our day to day activities, it's easy to miss the impact of immigration on our lives. But this guide takes a new angle and discusses why an natural born American citizen might use an immigration lawyer. I OWN A BUSINESS 1) The I-9 form is a critical piece of hiring any employee. It verifies that your new hire is legally allowed to work in the United States. But few people realize the I-9 is actually an immigration form. Completing this form improperly can lead to results worse than an IRS audit! 2) If your business requires specialized occupations, such employees may be hard to find. If you discover a foreign national that fits the qualification, an immigration lawyer is all but required to help navigate a complicated and nuanced work permit process.  Here's a link to my primer on H1B visas:   H1B Visa Primer . 3) If you are interested in capitalizing your business, there are incentives to foreigners to invest upwards of $1 million into a qualified business i...

Some questions have arisen as to whether the lottery for selecting FY 19 H1B petitions will be eliminated, given a recently proposed regulatory rule change. See this link: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201710&RIN=1615-AB71 The answer is no, at least according to the above proposed rule. Indeed, DHS is proposing to resurrect a proposed rule from 2011 that creates pre-H1B registration for employers. The idea is to select applications to consider by lottery, but before an employer puts in all the time, cost, and planning to submit the actual packet. With an up-front cap selection process, only those employers who have obtained a cap number would be required to submit the entire H1B Petition for a Nonimmigrant Worker, Form I-129. This idea has merit because, as mentioned, it’s take a LOT of time, planning, and cost to create a proper H1B petition. Small employers, or first-time petitioners often cannot afford the time to become familiar with ...

Be extremely aware of the dates your status is valid, AND, when it changes. I was recently asked the following question: “Can I travel internationally while my H1B is in process (1 April 2018-30 Sep 2018 )? I am on F1 OPT and my Employer will file my cap-subject H1B petition on April 1, 2018.” Answer: Traveling back and forth when your immigration status is about to change can be unnerving.  Between the potential need for new consular stamping and review at the port of entry, it's as uncertain as finding a way home during the holidays in a snowstorm.  If you've seen the above-pictured movie, you know what I mean!  Any number of bureaucrats have your life in their hands!  Personally, I suggest not traveling while your status is changing.  Even when technically feasible, things still happen.  Why risk it? But the answer to the above question is, technically, yes.  This is because, if one's H1B petition is chosen in the lottery and approv...

          Your income and family might depend on legal immigration status.  If so, an attorney can be valuable to make sure your immigration is done properly--the first time.       I achieve legal immigration status in America for individuals, families, and businesses. My immigration cases are careful and thorough.  As a result, I have a 100% green card approval record.  Licensed by the Supreme Court of Minnesota, admitted to U.S. District Court, and U.S. Immigration Court.       If your situation is complicated or confusing, we specialize in consultations to sort out a correct course of action, and what action is NOT proper. Many people are surprised by what options are actually available, even citizenship! I specialize in changes of status so you can stay in America. And I am one of few experts in criminal defense for noncitizens, so you are not deported from America.       Cha...