Recent posts

  • Type: News
    Post date: Aug 21st 2019
    Body:

    Quotes and Excerpts from Rajiv on the article: 

    On the high rate of H-1B denials, Arlington-based Rajiv Khanna, Managing Attorney at Immigration.com, states: “Many of the denials handed out by USCIS appear to be pretextual rather than meritorious.” Several sponsoring employers and visa applicants have approached courts. “Lawsuits against the USCIS for specialty occupation issues and related H-1B issues are based entirely upon the record that the sponsoring employer has built before the USCIS. The court looks at this record, the documents to substantiate the claim of specialty occupation, to decide whether denying the H-1B application was a wrong decision,” explains Khanna.

    TO-DOs TO GET AN H-1B VISA
     
    PROPER CLASSIFICATION
    Make sure case is presented under appropriate standard category generally considered specialty occupation. In IT industry, systems analysis is a job position for both software engineer and a system analyst. USCIS treats a software engineer (also known as software developer), as a specialty occupation, but not the latter.
     
    DETAILED DESCRIPTION OF DUTIES
    Context of job must be clearly brought out, such as the nature and scale of work involved. Working on a mission-critical $10M project is most likely both quantitatively and qualitatively different from working on a $200k low-priority project. 
    Rajiv Khanna

  • Type: News
    Post date: Aug 20th 2019
    Body:

    Regulation promotes self-sufficiency and immigrant success

    WASHINGTON — The U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations rather than on public resources.

    This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status.

    “For over a century, the public charge ground of inadmissibility has been part of our nation’s immigration laws. President Trump has delivered on his promise to the American people to enforce long-standing immigration law by defining the public charge inadmissibility ground that has been on the books for years,” said USCIS Acting Director Ken Cuccinelli. “Throughout our history, self-sufficiency has been a core tenet of the American dream. Self-reliance, industriousness, and perseverance laid the foundation of our nation and have defined generations of hardworking immigrants seeking opportunity in the United States ever since. Through the enforcement of the public charge inadmissibility law, we will promote these long-standing ideals and immigrant success.”

    DHS has revised the definition of “public charge” to incorporate consideration of more kinds of public benefits received, which the Department believes will better ensure that applicants subject to the public charge inadmissibility ground are self-sufficient. The rule defines the term “public charge” to mean an individual who receives one or more designated public benefits for more than 12 months, in the aggregate, within any 36-month period (such that, for instance, receipt of two benefits in one month counts as two months). The rule further defines the term “public benefit” to include any cash benefits for income maintenance, Supplemental Security Income (SSI), Temporary Assistance to Needy Families (TANF), Supplemental Nutritional Assistance Program (SNAP), most forms of Medicaid, and certain housing programs.

    The regulation also excludes from the public benefits definition: public benefits received by individuals who are serving in active duty or in the Ready Reserve component of the U.S. armed forces, and their spouses and children; public benefits received by certain international adoptees and children acquiring U.S. citizenship; Medicaid for aliens under 21 and pregnant women; Medicaid for school-based services (including services provided under the Individuals with Disabilities Education Act); and Medicaid benefits for emergency medical services.

    This rule also makes certain nonimmigrant aliens in the United States who have received designated public benefits above the designated threshold ineligible for change of status and extension of stay if they received the benefits after obtaining the nonimmigrant status they seek to extend or from which they seek to change.

    Importantly, this regulation does not apply to humanitarian-based immigration programs for refugees, asylees, Special Immigrant Juveniles (SIJs), certain trafficking victims (T nonimmigrants), victims of qualifying criminal activity (U nonimmigrants), or victims of domestic violence (VAWA self-petitioners), among others. 

    This rule also explains how USCIS will exercise its discretionary authority, in limited circumstances, to offer an alien inadmissible only on the public charge ground the opportunity to post a public charge bond. The final rule sets the minimum bond amount at $8,100; the actual bond amount will be dependent on the individual’s circumstances.

    This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds and goes into effect at 12:00 a.m. Eastern on Oct. 15, 60 days from the date of publication in the Federal Register. USCIS will apply the public charge inadmissibility final rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (postmarked and accepted by USCIS) will be adjudicated based on the 1999 Interim Guidance.   

    USCIS will provide information and additional details to the public as part of public outreach related to the implementation of this rule. In the coming weeks, USCIS will conduct engagement sessions for the public and other interested groups to ensure the public understands which benefits are included in the public charge inadmissibility rule and which are not.

  • Type: News
    Post date: Aug 20th 2019
    Body:

    WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today issued policy guidance (PDF, 305 KB) in the USCIS Policy Manual to address its discretion to grant employment authorization to foreign nationals who are paroled into the United States, including those who are otherwise inadmissible.

    Certain foreign nationals may be paroled into the United States for urgent humanitarian reasons or significant public benefit. Parolees are not entitled to employment authorization solely because they are paroled into the United States, but instead must establish eligibility and apply for employment authorization. USCIS will only consider employment authorization for parolees when, based on the facts and circumstances of each individual case, USCIS finds that a favorable exercise of discretion is warranted.

    “Directly addressing loopholes that encourage the exploitation of our immigration system is the only way forward,” said Acting Director Ken Cuccinelli. “Responsible stewardship of our discretionary authorities enhances our ability to provide relief to those who lawfully qualify for it. With that in mind, USCIS is taking action within its discretionary authority by only granting employment authorization to parolees after consideration of all relevant factors on a case-by-case basis. This decision is in response to the national emergency at the southern border where foreign nationals are entering the United States illegally, as well as based on a review of USCIS adjudicatory practices over the past few years.”

    USCIS is taking action to strengthen affected programs, such as parole, within its discretionary authority. Through this update, USCIS is providing adjudicators with guidance specific to parole-based employment authorization focusing on officers’ discretion and responsibility to grant employment authorization only after careful consideration of all relevant factors on a case-by-case basis. The policy update aligns USCIS’ guidelines for issuing discretionary employment authorization based on parole with current immigration enforcement priorities.

    USCIS continues to adjudicate all petitions, applications, and requests fairly, efficiently, and effectively on a case-by-case basis to determine if they meet all standards required under applicable laws and regulations.

    This policy update does not affect individuals paroled into the United States under the International Entrepreneur Rule. Such parolees are authorized to work based on their parole under current Department of Homeland Security regulations governing the International Entrepreneur parole program. 

  • Type: Home-Tab
    Post date: Aug 16th 2019
    Body:

    We are looking for an Experienced Immigration Attorney to work on business immigration cases; legal research, and preparing immigration appeals and motions. Send resume and salary requirements to hr@immigration.com.

     

  • Type: News
    Post date: Aug 16th 2019
    Body:

    USCIS has returned all fiscal year (FY) 2020 H-1B cap-subject petitions that were not selected in our computer-generated random selection process. On May 17, USCIS announced that it had completed data entry of all selected H-1B cap-subject petitions for FY 2020.

    If you submitted an FY 2020 H-1B cap-subject petition that was delivered to USCIS between April 1 and April 5, 2019, and you have not received a receipt notice or a returned petition by August 29, you may contact USCIS for assistance.