Advance Copy of USCIS Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Final Rule

BREAKING News: Advance Copy of USCIS Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Final Rule This document is scheduled to be published in the Federal Register on 11/18/2016- "The Department of Homeland Security (DHS) is amending its regulations related to certain employment-based immigrant and nonimmigrant visa programs. Specifically, the final rule provides various benefits to participants in those programs, including the following: improved processes and increased certainty for U.S. employers seeking to sponsor and retain immigrant and nonimmigrant workers; greater stability and job flexibility for…Read More Breaking News

What Happens to H1B and Employment Based Greencard now?

Neither the H1B visa nor the employment based greencards have actually been targeted by President-Elect Donald Trump. However, he mentioned several times in his gatherings and the debates that the "H1B visa system is being abused". By popular demand we have tried to actually analyze the H1B visa and the employment based permanent residence under the Trump administration. Hope it helps.Read More Breaking News

The Future of Immigrants and Non Immigrants Under Trump

The Shah Peerally Law Show covered issues related to immigration especially on the future of immigration law once Trump is president. This is what was reported by NPR on Trump as a President"...on the first day, I will take the following five actions to restore security and the constitutional rule of law: * FIRST, cancel every unconstitutional executive action, memorandum and order issued by President Obama * SECOND, begin the process of selecting a replacement for Justice Scalia from one of the 20 judges on my list, who will uphold and defend the…Read More Breaking News

USCIS Policy Memo: Extension of Status for T and U Nonimmigrants (Corrected and Reissued)

October 4, 2016 PM-602-0032.2 Policy Memorandum (PM) SUBJECT: Extension of Status for T and U Nonimmigrants (Corrected and Reissued) Purpose This policy memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related Forms I-485, Application to Register Permanent Residence or Adjust Status. This PM rescinds and replaces PM 602-0032.1, as discussed below. This PM revises chapters 39.1 and 39.2 of the Adjudicator’s Field Manual (AFM). PM 602-0032.1 contained information relating to a derivative T nonimmigrant’s ability to adjust status to a lawful permanent resident (LPR). Under the…Read More Breaking News

Don’t Drink and Drive when you are on H1B or any other non-immigrant visa

The famous Prudential Revocation has taken another turn in the past few months. From the information we are getting from some of our consultations, as soon as someone is arrested on a DUI and this person is on H1B, F1 visa, H4 visa, or other non-immigrants visas,  they are receiving an email from the Department of State revoking their visas on their passport. This does not mean the person is losing status in the United States, it only means that this person will not be able to travel overseas. Lately, we have heard…Read More Breaking News

Applying for PERM Labor Certification for a relative

The regulation at 20 C.F.R. § 656.10(c)(8) provides that an employer must attest that “[t]he job opportunity has been and is clearly open to any U.S. worker.” If an employer is a closely held corporation, partnership, or sole proprietorship, a presumption arises that the job is not clearly open to U.S. workers when the sponsored alien has a familial relationship with the owners, stockholders, partners, corporate officers, or incorporators of the employer. See Transmark Real Estate, 2011-PER-00475 (June 8, 2012); see also 20 C.F.R. § 656.17(l). The regulation at 20 C.F.R. § 656.17(l)…Read More Breaking News

AAO Adopted Decision: Matter of R-C-C-S-D- (Language Immersion School; Q-1 Program)

Matter of R-C-C-S-D-, Adopted Decision 2016-04 (AAO Oct. 24, 2016) - (1) The Department of Homeland Security (DHS) may designate a language immersion school as an international cultural exchange program, such that the school may petition for teachers to serve as Q-1 exchange visitors, if the school satisfies three regulatory requirements: (1) public access; (2) a cultural component; and (3) a work component tied to the cultural component. See section 101(a)(15)(Q) of the Immigration and Nationality Act (the Act); 8 C.F.R. § 214.2(q)(3). (2) The school must demonstrate in the record the duration of…Read More Breaking News

BALCA Update: Filing a Second PERM for the Same Employee

This is an alert from AILA by the AILA DOL Liaison Committee On September 16, 2016, in Matter of Allianz-9-22-16, BALCA upheld the Certifying Officer’s (CO) denial where the employer had filed two PERM applications for the same employee with “substantially comparable job duties,” noting that in accordance with 20 CFR §656.24(e)(6), an employer is not permitted to have more than one labor certification actively in process for the same foreign worker in the same job opportunity.1 In this case, the employer submitted a PERM application for a “Paralegal and Legal Assistant.” The…Read More Breaking News

Two VAWA Win and One U Visa Victory last week!

October 24 2016 - The Shah Peerally Law Group PC is proud to congratulate its team especially Shabana for two amazing VAWA victories and one difficult U visa certification victory. Both of the VAWA cases were men who suffered in their relationships and the U visa certification for a woman who was constantly being abused by her boyfriend. We received the approval notices on Friday. Thank you and congratulations again to our team for a job well done! For those who want to know more about VAWA or U Visas, feel free to…Read More Breaking News

U.S. Citizenship and Immigration Services New Fee Schedule

The Department of Homeland Security (DHS) is adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS). The fee schedule was last adjusted on November 23, 2010. USCIS conducted a comprehensive fee review for the fiscal year (FY) 2016/2017 biennial period and determined that current fees do not recover the full cost of services provided. DHS has determined that adjusting the fee schedule is necessary to fully recover costs and maintain adequate service. DHS published a proposed fee schedule on May 4, 2016. Under this…Read More Breaking News

More Visa Appointments Available for India through December 2016

Important Notice: U.S. Embassy and Consulates Increase Number of Available Visa Appointments through December The U.S. Embassy and the four U.S. Consulates in India have made thousands of extra visa appointments available from now through December 2016. Visa applicants and their family members are welcome to book appointments to take advantage of this time-limited opportunity. The increased availability of appointments has been made possible through a temporary increase in staffing to help eliminate wait times for travelers from India. Applicants may reschedule previously-made appointments and encourage their family members and friends who may…Read More Breaking News

Herguan University SEVP is being terminated

Based on federal regulation, Student and Exchange Visitor Program (SEVP)-certified schools are subject to a review of their certification at any time. On Oct. 6, 2016, SEVP informed officials at Herguan University that the school’s Student and Exchange Visitor Information System (SEVIS) access will terminate as of Jan. 11, 2017. As of Oct. 6, Herguan University will no longer be able to issue any new Forms I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” but will retain SEVIS access until the aforementioned date to manage any current student records. Herguan University nonimmigrant students…Read More Breaking News