H1B Visa Lawyer Blog
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- When will I be able to submit the application for Biden’s PIP program? The United States Citizenship and Immigration Services (USCIS) has indicated that eligible applicants will be able to submit their applications as of August 19, 2024. The Federal Register Notice has not yet been released notifying the public of the eligibility requirements, the forms required, the filing fees required and the address where to mail the application. REMINDER – This program is not yet active/not yet in effect.
- I was offered a specialty occupation with a non-profit organization, and I appear to be eligible for an H-1B; however, the Lawyer I spoke with told me that the organization does not appear to be eligible to file an H-1B CAP exempt petition with the USCIS. The lawyer did not explain any further. What is the issue? Only certain organizations are eligible to file a CAP EXEMPT H-1B petition with the USCIS. Not every non-profit organization will be eligible to file an H-1B CAP EXEMPT petition. CAP EXEMPT organizations include: Institutions of Higher Education; Nonprofit Organizations Affiliated with Institutions of Higher Education; Government Research Organizations, and Nonprofit Research Organizations focused on applied or basic research.
- What are the pathways to a Green Card? The pathways to a Green Card consist of: Employment, Family, Diversity, Special Immigrant; Humanitarian – Asylum, Refugee, U & T Visas, etc.
- Is DACA a permanent program? No, Deferred Action for Childhood Arrivals (DACA) is not a permanent program. DACA was intended to be a temporary program until Congress could create a permanent pathway to a Green Card for DACA recipients. No such legislation has been crafted by Congress to date. DACA was created in 2012 through Executive Order, has undergone extensive litigation and remains a viable program; although as a result of the litigation, no new DACA applications are currently being processed. DACA renewals continue to be processed by the USCIS and are granted in two-year increments, subject to renewal every two years.
- Can a DACA recipient be eligible for the new PIP program created by Biden? Yes, it is possible that a DACA recipient can be eligible for the new PIP program created by Biden. One of the eligibility criteria is that the individual was not inspected, admitted or paroled into the United States.
- Do I have to still be married to the Spouse that originally petitioned for me to file the I-751, Petition to Remove Conditions on my status as a lawful permanent resident? You may file the I-751 Petition jointly with your spouse if you are still married, or you may request a waiver or individual filing request. If your spouse is deceased, you must file the I-751 individually with a copy of the death certificate of your spouse. If you are divorced or the marriage was annulled, and your marriage was entered into in good faith, you may file individually with a copy of the divorce certificate along with substantiated proof of your good faith marriage. If you entered the marriage in good faith and during the marriage you were battered or subject to extreme cruelty by your petitioning spouse, you may file individually along with substantial evidence of the abuse.
- If I recently filed my I-751 petition individually based on divorce, and our marriage was legitimate, can I pursue a new marriage with my girlfriend? If you are legally divorced then you are legally able to marry a new partner. It is important that you have substantial evidence to prove that your initial marriage was bona fide and not to procure an immigration benefit. Your LPR status is still conditional until a decision is made on your pending I-751. Additionally, with a new marriage, the USCIS is likely to scrutinize any subsequent filings of yours, if you intend to sponsor your new partner, if applicable.
- What is DED? Deferred Enforced Departure (DED) is a benefit authorized within the President’s discretion as part of their constitutional power to conduct foreign relations. DED recipients are temporarily protected from deportation and are able to request employment authorization to obtain a work permit from the USCIS. Individuals currently covered under DED include nationals from: Lebanon, Liberia, Hong Kong and Palestine. There are specific eligibility requirements for each designation of DED.
- When is someone on a visa or a green card able to vote in a federal election? Only United States Citizens are eligible to vote in a federal election. A foreign national on a nonimmigrant visa is NOT allowed to vote, nor are they eligible to vote. A lawful permanent resident (LPR) with a Green Card is also NOT allowed to vote, nor are they eligible to vote. Only United States Citizens are eligible to vote in a federal election. A nonimmigrant visa does not provide a pathway to U.S. citizenship. Lawful permanent residence does provide a pathway to U.S. citizenship. If a foreign national has been in LPR status for at least 3 years and remains married to & living with the US Citizen that sponsored them, they may be eligible to file Form N400, Application for Naturalization with the USCIS to petition to become a U.S. Citizen. All other foreign nationals are required to remain in LPR status for at least 5 years before they may be eligible to file Form N400, Application for Naturalization with the USCIS to petition to become a U.S. Citizen. Only once the LPR passes their Civics test, are approved for Naturalization, and take the sworn oath to become a U.S. Citizen, and receive their Official Naturalization Certificate would they become eligible to vote in a federal election. Once receiving the Official Naturalization Certificate, they would first need to register to vote with their State Board of Elections before they are able to vote in a federal election.
- What is TPS? Temporary Protected Status is a conditional status that allows individuals from a country enduring conditions that prevent the person from returning safely, such as: armed conflict, natural disasters, environmental disasters, or other extraordinary conditions, to remain in the United States with protection from deportation, along with the ability to request employment authorization to obtain a work permit from the USCIS. Periodic renewal is required, and renewal of TPS is at the discretion of the USCIS based on country conditions. Individuals currently covered under TPS include nationals from: Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela and Yemen. There are specific eligibility requirements for each designation of TPS.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, August 16, 2024!
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