All posts by Cheng, Cho, & Yee, Immigration Lawyers

4 Things Employers Should Know about the H1-B Visa Process.

The H-1B, or business non-immigrant visa, is part of a special program to allow employers in the United States to employ certain skilled foreign workers on a temporary basis. The application process is monitored by the U.S. Citizenship and Immigration Service and is an increasingly competitive selection process.

In fact, the entire allotment of 85,000 three-year visas for 2017 was recently filed in just four days, the fifth year the cap has been met in less than five days. The recent number of approvals represented just over 30 percent of all applicants, and the total petitions submitted continue to grow each year. Some exemptions to this cap are available for universities and certain non-profits.

Anyone desiring to enter the country under the provisions of H-1B must submit a properly prepared petition during the specified periods of time. Because of the highly competitive nature of this process, it is common to rely on an experienced immigration attorney to complete the application.

The applications for an H-1B are all submitted at a time specified by the USCIS, generally April 1, for the following fiscal year. The envelope and form of the submission must adhere to specific requirements and labeling. For example, H-1B1 treaty cases must bear the “C/S Cap” designation. Properly submitted applications are processed through special lotteries that allocate the legally available slots, plus those qualifying for exemptions.

Immigration attorneys track the constantly changing status of H-1B rules and lotteries. For example, 6,800 of the 85,000 quota slots for FY2018 are allocated to citizens from Chile and Singapore. This makes it important for individuals to contact such an attorney concerning their status and application.

USCIS Expands Provisional Waiver Process To Some Family Members of U.S. Citizens And legal Residents

The U.S. Citizenship and Immigration Services (USCIS) has expanded provisional waiver benefits to the spouses and children of lawful permanent residents (LPRs). The new rule now includes not only spouses and children of US citizens, but also spouses and children of LPRs. This newly expanded allowance builds on the process begun in 2013 to support family unity. The process allowed spouses and children of U.S. citizens who were inadmissible under the 3 year and 10 bars for unlawful presence, to apply for provisional waivers prior to their departure from the U.S., due to the extreme hardship it would cause their family members if a waiver was not granted.

Qualifying for a provisional waiver

The best immigration lawyers can advise individuals on full details of all requirements and help complete the necessary paperwork. To qualify, applicants must show that their spouse or parent, who is a legal U.S. Citizen or LPR, will suffer “extreme hardship” should the applicant not be allowed to reenter the United States. This latest expanded rule by the USCIS also updates the form Form I-601A, Application for Provisional Unlawful Presence Waiver. Changes officially went into effect on August 29, 2016. All applications for provisional waivers should be made on the updated final rule form that is available on the USCIS site.

Extreme hardship definition

There is no specific definition in the eyes of the law for “extreme hardship.” Individuals can benefit from consulting the best immigration lawyers for factors that constitute extreme hardship. It is important that individuals highlight the most compelling aspects of their individual situation. Some factors that can contribute to extreme hardship are health conditions and the ongoing treatment and care family members need, financial hardships, fears of persecution, and other personal considerations like the age of affected family members.

Four Key Steps to Get an Immigrant Fiance to the Wedding on Time

For U.S. citizens seeking to marry a foreign national in the U.S., the provisions for legally bringing a fiancé to the U.S. must be followed. The Immigration Service provides for such needs in the form of a fiancé visa, often referred to as a K-1. The actual application filing is done with the Form I-129F, Petition for Alien Fiancé(e).

While there is no legal limit to the number of fiancé visas issued each year, the number averages around 30,000 annually. While the process is not overly complicated or expensive, the first step for success is to select and work with an immigration attorney who is familiar with the K-1 visa application and approval requirements.

The second step to securing a visa for a fiancé includes several specific eligibility requirements. These include that the petitioner for the visa must:

  • Be a U.S. citizen
  • Get married within 90 days of the fiancé’s arrival in the United States
  • Be legally free to get married (as well as the fiancé), ensuring any previous marriage is properly terminated by formal annulment, death or divorce
  • Must have met in person with the fiancé in person during the two years before the filing (unless this requirement is waived under special circumstances).

The third step, if there are children involved, is to meet the qualifications and include the submission of a K-2.

Properly Documenting the Petition

Most people find the use of an experienced immigration attorney extremely helpful in assembling all the proper documentation of the petition, the fourth step in the process. It is important to have all elements of the required documentation presented with the petition for timely processing. Just a few of those items include:

  • A completed Online Nonimmigrant Visa Application, Form DS-160.
  • A valid passport
  • Police certificates from the present country of residence of the fiancé.
  • Proper medical exam
  • Evidence of financial support
  • Evidence of relationship between the two parties

There is currently a $535 filing fee for the petition and other fees and/or documentation may be required in certain circumstances. Since there is a firm 90-day deadline for marriage after the fiancé arrives, it is important to take the right steps throughout the process.

America’s Stance on Immigration Reform

A recent survey conducted by the Public Religion Research Institute (PRRI) reveals that the majority of Americans are not in support of the mass deportation of undocumented immigrants. And while the Trump Administration continues to push forth in its efforts to crack down on individuals that reside in the United States illegally, many Trump supporters are filled with regret and outrage as unauthorized community members face expulsion.

Conducted as a portion of PRRI’s 2016 American Values Atlas (AVA) which includes insight from approximately 40,000 interviews that were performed across the nation, the survey demonstrates that very few Americans support the deportation of the nearly 11 million unauthorized immigrants who currently live in the U.S. According to the research, only about 10 percent of young Americans between 18 and 29, and approximately 11 percent of seniors age 65 and older support the identification and deportation of undocumented individuals. In fact, a whopping 64 percent of Americans surveyed support a system which includes a pathway for immigrants to become lawful citizens of the United States.

American’s Views on Immigration Reform

When asked how the immigration system should handle immigrants who currently reside in the U.S. illegally, they reported that the system should:

  • Provide a pathway to citizenship as long as certain requirements are met. The most popular choice for Americans of all races/ethnicities, 64 percent of Whites, 72 percent of Blacks, 65 percent of Hispanics, 58 percent of Asians and Pacific Islanders, and 66 percent of individuals of mixed race believe that immigrants should be given the chance to become citizens.
  • Allow permanent legal residency but not citizenship. About 15 percent of all Americans asked to believe that unauthorized immigrants should be allowed to become permanent legal residents but not American citizens.
  • Identify and deport unauthorized individuals. Only about 6 percent of people surveyed said that unauthorized immigrants currently residing in the United States should be identified and deported.

The President continues to claim that his immigration policies are focused on removing dangerous criminals, but an overwhelming number of immigrants who only broke immigration laws are being swept up. In the first 100 days after President Trump took office, the Immigration and Customs Enforcement Agency (ICE) deported a shocking 41,318 immigrants who were not authorized to be in the U.S. More than 26 percent of those individuals had no criminal records whatsoever. Many of the people who were deported paid taxes, provided jobs and contributed significantly to their communities.

How Waivers of Inadmissibility Work

The immigration law provides specific grounds of inadmissibility for would-be immigrants to Illinois, but there are also statutory provisions that offer relief from some of the inadmissibility grounds. Immigrants who have been told that they are inadmissible to the U.S. should understand the process of seeking a waiver and the grounds for which it might be granted. An immigration lawyer may assist clients with seeking waivers of inadmissibility so that they might be allowed to enter the country.

Grounds of Inadmissibility

There are multiple reasons under the immigration law that a foreign national may be denied admission into the U.S. The reasons are codified and include having certain medical conditions, having a drug addiction, having convictions for a crime involving moral turpitude or for a controlled substance, having two or more convictions for any criminal offenses, having engaged in prostitution in the past 10 years or being likely to become a public charge if entry is granted. Foreign nationals who have previously been deported are also inadmissible, and those who miss their removal hearings are deemed to be inadmissible for five years.

Waivers of Inadmissibility

The law allows waivers to be granted for certain grounds of inadmissibility, but the procedures for seeking the waivers must be followed. Foreign nationals who were found to be inadmissible because of their unlawful presence in the U.S. will have a three-year bar to admissibility if they were unlawfully present for six or more months and a 10-year bar to admissibility if they were unlawfully present for a year or longer. They may file for a waiver of inadmissibility with Form I-601 and must show that their lawful permanent resident or U.S. citizen spouse or parent would experience extreme hardship if the waiver is not granted.

Foreign nationals who are denied admissibility based on a criminal conviction may also petition for waivers of inadmissibility. They must show that their lawful permanent resident or U.S. citizen spouse, parent, son or daughter would suffer extreme hardship without the waiver, or that 15 years have passed since their offenses during which they have become fully rehabilitated. Women who are qualified under the Violence Against Women Act may also receive waivers of inadmissibility. Some foreign nationals with health conditions may receive waivers, but they may have to submit additional documents if they have certain conditions. An immigration lawyer may advise clients about the likelihood of securing waivers of inadmissibility so that they can enter the U.S.