Immigration QA

UPDATE06/17/2020:  BREAKING: US government denial of COVID relief to noncitizen students has been blocked by a judge. Check with your DSO! In a letter to colleges last April, the Education Department advised colleges to only give relief funds to students who typically qualify for federal financial aid, excluding international students and beneficiaries of DACA. The letter was not binding at the time. In May, the California community college system filed a lawsuit against the DOE alleging that DeVos exceeded her authority in barring colleges to give aid to whom they please. U.S. District Court Judge Yvonne Gonzalez Rogers granted an injunction blocking the Department of Education from enforcing their CARES Act guidance on June 17, 2020. The proposed rule will be up for public comment for 30-days until July 17. During this time period, anyone from the public can file a comment on regulations.gov for the agency to consider. Once the rule is finalized, it will be binding on co...

AN ATTORNEY RECENTLY ASKED ME: "A friend asked me to review a retainer agreement from a law firm representing both the noncitizen employee from Turkey and the sponsoring employer.  The agreement says that, in the event a conflict, the attorney could choose which party to continue representing and that any and all information learned during the course of application's representation would no longer be privileged.  For persons attempting to obtain a work visa, is it common practice to hire a firm that plays matchmaker between applicant and employer?  If the relationship/arrangement goes south, what, if any, remedies does the applicant, as a non-citizen, have against the law firm and/or the employer?" ANSWER:  Dual representation is indeed a reality in several types of immigration scenarios. In the employment-based immigration setting, many applications must originate from an employer seeking the government’s permission to hire a foreign nati...

Noncitizen name changes can complicate or benefit.  I recently got the following question from a family law attorney: QUESTION:  Can a Minnesota court order the name change of a non-citizen? Client has a H4 visa, and my understanding is that means they are a lawful temporary resident.  So my thinking is they satisfy the residency requirement of Minn. Stat. 259, having lived here in Minnesota for more than 6 months.  I'm wondering if there is any prohibition to such a name change, or compelling reason not to change their name? ANSWER:  There is no prohibition on the name change for noncitizens, for the statutory reason cited.  Perhaps there are a couple additional issues worth noting: First, the recordkeeping must be meticulous because the individual will be asked about the name change in future immigration applications. There should be proof that it was done in the proper manner. I recommend multiple certified copies so that the i...

How many violations in this post can you guess? It seems the immigration scammers become bolder every day. Today I came across this little gem posting for indentured servitude amongst the foreign student population. And why not?  As I said before in previous posts about IT consultant abuse , there are no prevailing wage requirements for foreign student trainees like there is for H1B visa workers. However, this erstwhile recruiter forgot the U.S. has another area of law that governs fair labor for everyone. For fun, how many violations in this post can you guess? So, in the spirit of Jeopardy and honoring Alex Trebeck, here are the "questions": 1) What is a maximum age requirement? 2) What is hiring someone from a specific immigration category? 3) What is inducement into prohibited work arrangements? 4) What is the requirement of work authorization before a job offer? For verification of these violations and more, you can visit the   USCIS expla...

The recent USCIS memo explaining unlawful presence rules in the context of F1 student status has reverberated through the legal community It has also posed many questions.  I posit here that the memo is aimed primarily at curbing Day 1 abuses. Attorneys across the country are reporting their clients are receiving RFEs investigating past maintenance of F1 status, including past enrollment of OPT, CPT and Day 1 CPT in particular.   Maintaining valid status is a requirement of changing to a new status such as work and most categories of permanent residence.  The H1B petitions submitted by Chaudhary Law Office are not in premium processing and thus early in the application process, so we have not gotten any RFEs  as yet.  We expect that we will and anticipate similar requests for proof of status during our clients’ student days. But, the increase in RFEs, plus the new unlawful presence memo, point to one thing: If you are not enrolled in CPT properly, for EXAMP...

If you're in IT, foreign or not, sit up and read this. In 2016, Time Magazine listed the  20 Best Songs to Wake Up To.   Don't ask me how Hit the Quan made the list.  In immigration news, however, the Trump administration just issued a policy memo that should wake up every IT manager in America, whether or not they employ noncitizens.  To be sure, every IT Consultant involved with H1B visas should sit up and read this. As of today, the USCIS has "clarified" the  Policy Requirements for Third-Party Worksite H-1B's , i.e. IT consultancies.  I put "clarified" in quotes because, although the new memo mostly restates the current law and requirements for H1B visas (not altogether unneeded by the way), there are several subtle and not so subtle hints regarding the way off-site employee H1B visas will be treated in the Trump administration.  This amounts to new H1B policy just as we enter the season of annual new H1B filings. SUMMARY Less deferenc...

Foreign students should carefully follow the rules for early program withdrawal, and understand implications. If you are a student on an F-1 visa, there is no penalty to withdraw from your program of study, as long a certain requirements are met. A designated school official (DSO) has the authority to permit "authorized early withdrawals" to a foreign student's F visa status in extenuating circumstances. This includes a temporary absence or withdrawal from school due to a family emergency, personal matter or another circumstance that calls for the student to leave the United States prior to their program’s completion.  If an F student is granted authorized early withdrawal, or a permitted temporary absence from their course of study, they are permitted a 15-day grace period to depart the United States. F students who are granted an authorized early withdrawal, but do not depart the country within the 15-day grace period, are in violation of their student vis...

Recently I answered the following question: "I am planning to come to the U.S for my Masters in Electrical Engineering.  But, based on the political climate surrounding STEM OPT and CPT, possible revocation by Trump, and general negative mood toward foreign students, should I still come? I do have other options (Canada and Germany)." Answer: Immigration, like politics, moves in cycles. There are myths as well.   Actually, it was Obama who cracked down on H1B’s, and abruptly removed some school accreditations leaving many innocent students stranded without options. Despite many negative actions, Trump has actually discussed merit-based immigration, which bodes well for the skilled and educated.  The point is:  Who knows!  OPT aside, you’ll have a masters from a U.S. school that will serve you long into the future. Plus you are electrical engineering and there’s always a need and desperate need now.  This is still the greatest land of oppor...