Immigration QA

  Extensions can be beautiful yet complicated. Like hair extensions, H1B extensions can be a very good thing, but are complicated to achieve.  To be sure, both require particular attention. Recently I received some questions about extending an H1B visa. BACKGROUND An H1B, or "H1," visa is a temporary visa allowing a company to petition for a noncitizen with a bachelor's degree or higher to work for the business on specific project whose occupation requires such a degree. Most often it is used for S.T.E.M. occupations, but that is not required.  There is an annual cap on these visas and competition is high to just be allowed to apply for the H1.  Once approved, one can work on an H1B visa for up to six years before needing to go through the "cap" process again. However, an H1B is usually only approved for one to three years, requiring a company to apply for an extension that proves a project still exists for the noncitizen to work on. Also, if a company sponsors ...

"Grace" is Minnesota's official state photograph. I was State Senator in 2002 when we officially voted for Minnesota's official "state photograph." A more prolific image originating from Minnesota than "Grace," I'm not aware of.  My colleague and friend, Rep. Loren Solberg , was the natural author of the bill since Loren lived in Bovey, Minnesota where the photograph was taken.  I think Loren also liked it because he bears resemblance to Charles Winden, the guy in the photo (Loren and I ribbed each other from time to time).  Read more about the history of Grace here. Speaking of grace, lately I've received a rash of calls from noncitizens who find themselves similarly situated to Mr. Wilden, praying for providential intervention in a recent job loss.  Primarily H1B visa holders, these folks have been laid off and are uncertain about their legal status and how to proceed with potential new employment in the United States.  The influx is prom...

I RECEIVED THE FOLLOWING QUESTION TODAY:   My husband and father's cases have been in Administrative processing for over 9 months now. The Embassy is just delaying the process! ANSWER:   In general, there’s not much a lawyer can legally do to "unstuck" an application at an Embassy. An attorney can submit a letter, but Embassies are so bureaucratic it is doubtful the letter will reach the right person. An attorney can, however, sue the Department of State in U.S. federal court to force a decision one way or another, but this will cost thousands of dollars and the decision may go against you. One realistic course of action should be to contact your own Congressperson to write a letter to shake loose a decision. You should know, however, that if the application was problematic is some way, sometimes no answer is a good answer. Meaning, at least the application is not yet denied. To help determine your chances, a consultation with an attorney may help. But it will be essentia...

I recently answered the following question:  Q: I married a US citizen while currently waiting for H1B renewal to be approved. What happens in this case?  H1B visa expired last October. I am currently waiting for my renewal to be approved. When I get married to my fiancee, can I file for adjustment of status while my H1B is still pending? A:  Your spouse can sponsor you for a green card and you can adjust your status in the U.S. regardless of your current or pending status (if you entered the U.S. legally).  The more frequent question is whether, when you receive an EAD while adjusting, should you begin work on the EAD or stay on H1B (or other status).  This is a sensitive question that totally depends on individual circumstances, and should  absolutely be discussed with your immigration attorney before acting.  One reason to NOT invoke the EAD is if  for some reason, your green card is denied you will still be in H1B status and no additional...

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...

I recently answered the following question: "When questioned about my H1b, my employer told me that he has no clue about the process or cost. How much does it cost to sponsor H1b and where can I find other related information regarding the same. I have to do some research on this and update my employer." Answer: If your employer is serious about sponsoring you, they may consider a comprehensive consultation with an immigration attorney. It is the employer who completes, files, and monitors the petition for a prospective H1B employee--from prevailing wage determination to embassy stamping. If it's the business's first H1B petition, it will quickly find out that it must also learn and comply with various labor regulations to which they aren't accustomed. Researching and reporting basic knowledge about U.S. immigration, by a foreign national unfamiliar with our system, can result in miscommunication and missteps. And since the annual quota is filled within...