Work Authorization for H-4 visa holders

On May 6, 2014, the US Department of Homeland Security issued a press release which announced that certain spouses of H-1B visa holders will soon be eligible for work authorization. The new rule will not apply to all H-4 visa holders - the work permits will be limited to those whose H-1B spouses are either:

• Beneficiaries of an approved I-140 immigrant visa petition, or
• Have been granted H-1B extensions beyond their 6th year.

This comes as a welcome news for the families whose green cards sponsored through employment visa can often take many years. Not only will the work authorization allow both spouses to work to make it easier to financially sustain their families, but the US economy will certainly benefit from additional skilled workers who often times hold advanced degrees.

It is important to remember that the final rule has not yet been published and no applications should be filed at this time.

We will keep you updated with the developments - stay tuned!

E-mail us if at any time you have questions about immigration or need legal assistance.

This is often very challenging to the spouse, and challenging to families who must sustain themselves on a single income. Such conditions go against the White House’s stated goal of retaining highly-skilled workers, and do nothing to encourage the U.S. economy,
Read more at http://www.indiawest.com/news/18771-spouses-of-h-1b-visa-holders-finally-allowed-to-work-dhs.html#zt3GgRSwMbLyvhBi.99

DACA Renewal - Update from USCIS

On April 9, 2014, USCIS updated information relating to renewals of Deferred Action for Childhood Arrivals (DACA). The update emphasizes that to renew DACA and Employment Authorization document (EAD), applicants will have to wait until the new I-821D form is released in late May 2014. USCIS recommends that renewal applications be filed around 120 days prior to the expiration of the current DACA status and EAD. In no case should the application be filed more than 150 days prior to the expiration date. USCIS also provides a glimpse as to what documentation will be required, stating that applicants will need to submit only documents pertaining to removal proceedings or criminal history not previously submitted. (Note that there will certainly be other documents that must be submitted, such as filing fees, copies of EADs, etc.). To view USCIS update, click HERE.

If you would like more information or are looking for assistance with your DACA (whether initial or a renewal), contact our office through e-mail or at (512) 476-7163.

H-1B Quoate Reached (again!)

USCIS Reaches FY 2015 H-1B Cap

Release Date: April 07, 2014

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015.  USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption.  
Before running a random selection process, USCIS will complete initial intake for all filings received during the filing period which ended today. Due to the high number of petitions, USCIS is not yet able to announce the date on which it will conduct the random selection process.
A computer-generated process will randomly select the number of petitions needed to meet the caps of 65,000 visas for the general category and 20,000 under the advanced degree exemption. USCIS will reject and return filing fees for all cap-subject petitions that are not selected, unless found to be a duplicate filing.
The agency will conduct the selection process for the advanced degree exemption first. All advanced degree petitions not selected will become part of the random selection process for the 65,000 limit.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2015 H-1B cap. USCIS will continue to accept and process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States;
• Change the terms of employment for current H-1B workers;
• Allow current H-1B workers to change employers; and
• Allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

H-1B VISA APPLICATIONS - GET READY NOW!

H1B visa is a non-immigrant work visa which permits employees in specialty occupations to work for U.S. employers. The law limits how many new cap-subject H-1B visas can be allotted in each given year. Currently, the USCIS can grant 65,000 H-1B visas per fiscal year plus an additional 20,000 for workers with a master's or higher degree awarded by a U.S. institution (often referred to as Master Cap).

In the past few years, the H-1B cap was reached immediately after the H-1B cap season opened. Last year, the USCIS counted all the applications filed between April 1st and April 5th as the "first day" filings and because they received more than the allowed numbers, the USCIS conducted a lottery.

It is crucial that anyone interested in getting H-1B visa starts the process right now and applies as early as possible - that is, on APRIL 1st, 2014. The predictions are that the cap will again be reached in the first days. Prospective H-1B employers and employees need to take into consideration the time it takes to prepare the H-1B filing. For example, one of the requirements for properly filed H-1B is a Labor Condition Application (LCA) which usually takes 7 days to obtain from the Department of Labor.

H-1B cap will typically apply to F-1 students currently working on OPT, those who are in the US in another visa category, those currently living outside of the United States, etc.

There are certain instances where H-1B applicants are exempt from the cap, such as: H-1B transfers for those currently working under cap-subject H-1B, certain physicians receiving J-1 waivers, and employees working at institutions of higher education, a related or affiliated non-profit entity, etc.

Our firm can assist you with H-1B filing and we urge you to start the process now. Contact us by phone at (512) 476-7163 or E-MAIL us.

ACT NOW!

DACA RENEWAL - GUIDANCE FOR ICE-GRANTED DACAs

DACA (Deferred Action for Childhood Arrivals) program started in 2012 and granted a two-year deferred status and employment authorization for thousands of young people. This year, many of those DACA recipients will be looking to renew their DACA status. Although the USCIS has not issued a final guidance on how they will handle renewal applications for applicants who filed directly through the USCIS, the agency today announced procedures for those DACA applicants who were granted their status through ICE. The guidance does not apply to those who received their status through USCIS but it provides a glimpse of what to expect.

If your DACA status expires this year, the time to get ready for the renewal is now. Our office will be glad to help you. Contact us.

S-Comm Protesters Arrested in Austin by ICE

Local news story at http://www.kvue.com/news/local/Six-arrested-during-Travis-County-Jail-immigration-protest-243347001.html

Will Justin Bieber Face Deportation?

Justin Bieber's latest claim to fame involving his run-in with the law may end up costing him more than he ever bargained for - a removal from the United States. But it is too early to tell.

The wishes of over 225,000 people who have signed the petition to deport Justin Bieber could come true, depending on the outcome of Bieber's criminal case. (By the way, less than 1,000 people as of this writing have signed the petition to keep Justin Bieber in the United States).

Under immigration law, certain crimes result in very serious immigration consequences, including removal from the United States. On top of that, the distinctions between removable and non-removable crimes do not always seem logical. For example, an assault could be an "aggravated felony" under immigration law even when a state law calls is a misdemeanor. This is because in the immigration law, the length of sentence makes a difference. Similarly, a theft crime can have less or more serious immigration results depending on the sentence imposed. Often times, you can take two cases side by side and it will be clear to you which crime is more serious - yet the person with more serious crime can have an effective lawyer who negotiates the sentence down so as not to trigger "aggravated felony" conviction while another with less serious conviction cannot afford a lawyer who could help (a good example is the case of Mr. Pacheco whose misdemeanor crime of stealing cigarettes and some Tylenol was classified as aggravated felony because he was sentenced to more than 1 year in prison for it). I am sure Justin Bieber's legal team will make sure that he avoids anything even close to an aggravated felony.

The criminal charges that could really trouble Justin Bieber are those related to drugs. The news sources report that Mr. Bieber tested positive for marijuana and prescription drugs.  Immigration law comes down hard on drug crimes. The law makes an exception for single(!) possession of 30 grams or less of marijuana, but most other drug convictions are likely to result in deportation.

Then there is the problem with having two or more crimes for Justin Bieber - another ground of removability when those crimes involve moral turpitude.

If Justin Bieber wants to avoid deportation, he should have an expert immigration lawyer on his legal team as well as a very good criminal attorney. Until his criminal cases play out though, we will have to wait on the future of his immigration status in the United States. Stay tuned!