H1B Visa Lawyer Blog
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
- Is there a limit to how many beneficiaries I can sponsor through the Parole program for Cuban, Haitian, Nicaraguan, and Venezuelan nationals? There is no set limit to how many beneficiaries you can sponsor through the CHNV parole program. Please note that you must be able to establish to the USCIS that you can support your household along with each sponsored beneficiary at 100% of the poverty guidelines. By completing each Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, you agree to financially provide the beneficiary with support for the duration of their parole in the United States.
- I am a current DACA recipient with my expiration date coming up around election time, can I still continue to renew my status? Yes, as long as you continue to meet all of the eligibility requirements including not departing the United States on or after August 15, 2012 without first securing Advance Parole; and have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety. If you meet all of the eligibility criteria, you should apply ASAP if you have not already submitted your DACA renewal application.
- I am eligible for Biden’s Family Parole program that was just announced in August. I know the program is held up by the Courts but can I still submit my filing to the USCIS? The Keeping Families Together Parole program still exists and the USCIS will continue to accept new filings; however, as a result of the Court filings, the USCIS cannot grant any parole in place requests under Keeping Families Together. For more information visit the USCIS website – https://www.uscis.gov/keepingfamiliestogether.
- What can I do with a USCIS online account? You can submit certain filings to the USCIS and monitor the status of those filings. You can also change your address through your USCIS online account. You may create your online account by visiting: https://myaccount.uscis.gov/create-account.
- I am now old enough to qualify for DACA, am I able to submit an application to the USCIS? The Deferred Action for Childhood Arrivals (DACA) program still exists and the USCIS will accept new applications; however, they will NOT process those applications. You should speak with a qualified member of the team at MVP Law Group regarding the risks associated with filing a DACA application with the USCIS at this time.
- I was laid off by my employer and am presently looking for H-1B sponsorship. Should I switch to a Visitor Visa if I cannot find an employer willing to sponsor me by the end of my grace period? Generally, it is a possible option; however, you should speak with an experienced Attorney at MVP Law Group to thoroughly evaluate all of your options.
- My EAD was recently approved. I’ve been out of work for three weeks. Can I present the notice the USCIS mailed me to start working again? If your initial EAD was issued under a category NOT eligible for the automatic extension of work authorization upon the timely filing of a renewal EAD filing – ABSOLUTELY NOT, you must wait for the physical Employment Authorization Document (EAD) to be delivered to your home and in your physical possession. For those NOT eligible for automatic extension of employment authorization, presentation of the I-797, I-765 approval notice is NOT sufficient for Form I-9, Employment Eligibility Verification purposes.
- What are the current enforcement priorities under Biden? What were they under Trump? Under the Biden Administration, they have prioritized the apprehension and removal of noncitizens who are a threat to (1) National Security – a noncitizen engaged in or is suspected of terrorism or espionage, or terrorism-related or espionage-related activities, or who otherwise poses a danger to national security; (2) Public Safety – serious criminal conduct – requires an assessment of the individual and the totality of the facts & circumstances; and (3) Border Security – they are apprehended at the border or port of entry while attempting to unlawfully enter the U.S.; or they are apprehended in the U.S. after unlawfully entering after November 1, 2020. More detailed information is contained in the Memorandum from Secretary Alejandro N. Mayorkas issued on September 30, 2021. When Trump was President, he signed Executive Order, “Enhancing Public Safety in the Interior of the United States,” which massively expanded immigration enforcement within the interior of the United States. The executive order prioritized the deportation of the following individuals: noncitizens who have been convicted of ANY criminal offense; noncitizens charged with ANY criminal offense, where the charge has not been resolved; noncitizens who have committed acts that constitute a chargeable criminal offense; noncitizens who have engaged in fraud or willful misrepresentation in connection with any official matter or application before a gov’t agency; noncitizens who have abused any program related to the receipt of public benefits; noncitizens who are subject to a final order of removal but have not deported; and noncitizens in the judgment of an immigration officer, otherwise pose a risk to public safety or national security. More detailed information is contained in the Executive Order published on the White House website.
- What are the current processing times for an employment sponsored Green Card for an Indian National filed under the EB2 preference category? What about the EB3 preference category? The Visa Bulletin for September 2024 indicates they are currently issuing Green Cards to those with priority dates falling on or before July 15, 2012 in the EB2, Advanced degree professional preference category. On or before October 22, 2012 for those in the EB3 preference category. The Visa Bulletin for October 2024 indicates no movement in the EB2, Advanced degree professional preference category. On or before November 1, 2012 for those in the EB3 preference category.
- What are the current processing times for a family sponsored Green Card for an Indian National who is the sibling of a U.S. citizen? The Visa Bulletin for September 2024 indicates they are currently issuing Green Cards to those with priority dates falling on or before January 22, 2006. The Visa Bulletin for October 2024 indicates they will be issuing Green Cards as of 10/1 to those with priority dates falling on or before March 1, 2006.
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, September 27, 2024!
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