H1B Visa Lawyer Blog

August 5, 2024

Reminders on the Process to Promote the Unity and Stability of Families

On June 18th, President Biden announced that the Department of Homeland Security (DHS) will take action to ensure that U.S. citizens with noncitizen spouses and children can keep their families together, using Parole in Place. They will begin accepting applications on August 19th and this will allow certain noncitizen spouses of U.S. citizens and their children to apply for lawful permanent residence. They are already eligible to apply for lawful permanent residence but would have to leave the United States to do so. Using Parole in Place, they would not have to return to their country of origin.

On July 17th, USCIS released a News Alert, “Reminders on the Process to Promote the Unity and Stability of Families“.This News Alert contains details about: Eligibility, a Timeline, What You Can Do Now listing and warning about SCAMS! Please review it for the latest information!

Source of Information:

August 2, 2024

MVP “Immigration Q & A Forum” – 8/2/24

by Kellie N. Lego

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.

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.

August 1, 2024

Reminder – USCIS Webinar – USCIS Tech Talks (8/6/24)

by Kellie N. Lego

U.S. Citizenship and Immigration Services (USCIS) will be holding online Tech Talks sessions to give participants an opportunity to have some of their questions answered about online accounts. This June 4th session will cover the new online N-400, Application for Naturalization and will be held on Tuesday, August 6, 2024, between 2:00 to 2:45 pm (Eastern).

For more information, please review the USCIS Upcoming National Engagements Webpage, “USCIS Tech Talks”!

Please use Microsoft Teams to join the engagement and the link is below.

July 30, 2024

Eligible to Naturalize Factsheet: Denver-Aurora-Lakewood, CO

by Kellie N. Lego

This is a very interesting Factsheet, Eligible to Naturalize Factsheet: Denver-Aurora-Lakewood, CO , published by USCIS using Office of Homeland Security Statistics data from July 2, 2024! This well put together Factsheet provides information on selected characteristics of people with Lawful Permanent Residence (LPR) status in the Denver-Aurora-Lakewood, CO area. There are 73,670 (Green Card holders) in this area of the country that are eligible to be naturalized U.S. citizen after meeting the requirements!

For more information, please review the USCIS Factsheet, “Eligible to Naturalize Factsheet: Denver-Aurora-Lakewood, CO“!

Source of Information:

July 29, 2024

MVP “Immigration Q & A Forum” – This Friday, August 2, 2024

by Kellie N. Lego

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, August 2, 2024. Act now and submit your questions!

July 26, 2024

USCIS Fact Sheet – U.S. Citizenship After Birth for Children of U.S. Citizens residing Outside the U.S.

by Kellie N. Lego

United States Citizenship and Immigration Services (USCIS) release a new Fact Sheet answering some of the questions about U.S. citizenship after birth for children who are residing outside the United States and with at least one U.S. citizen parent. The main question this fact sheet answers is, “I Am a U.S. Citizen, And My Child Is Residing Outside the United States and Does Not Have Lawful Permanent Resident (LPR) Status. Is My Child Able to Gain Citizenship?”! For their answer to that question and more details on the subject review the USCIS Fact Sheet, “U.S. CITIZENSHIP AFTER BIRTH FOR CHILDREN OF U.S. CITIZENS RESIDING OUTSIDE THE UNITED STATES”.

Note: Members of the U.S. Armed Forces residing outside the U.S. have a different Fact Sheet to view, “U.S. CITIZENSHIP FOR CHILDREN OF U.S. CITIZEN MEMBERS OF U.S. ARMED FORCES RESIDING OUTSIDE THE UNITED STATES”!

Source of Information:

July 24, 2024

Secretary Mayorkas Extends and Redesignates Somalia for TPS

by Kellie N. Lego

On Friday, July 19, 2024, the Department of Homeland Security announced that they were extending the designation of Temporary Protected Status (TPS) for the country of Somalia for 18 months, beginning on September 18, 2024 and ending on March 17, 2026! Secretary of Homeland Security Alejandro N. Mayorkas stated, “Armed conflict and widespread insecurity have harmed and displaced civilians in Somalia for years, exacerbated today by the ravages of famine, disease, and extreme weather,”.

For further details please review the DHS Press Release, “Secretary Mayorkas Extends and Redesignates Somalia for Temporary Protected Status for 18 Months“.

Background:

July 22, 2024

Immigrants in each State (fact sheets): Connecticut, Delaware and District of Columbia – Update

by Kellie N. Lego

UPDATE: Explore American Immigration Council’ interactive map to get more comprehensive information on U.S. immigration data and its impact!

The American Immigration Council (AIC) has released all fifty states and the District of Columbia, for a total of fifty-one updated state-by-state fact sheets highlighting immigration data and facts. These fact sheets highlight the demographic and economic impact of Immigrants in each state.

With national immigration policy being discussed, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this AIC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Connecticut, Delaware and District of Columbia!

July 19, 2024

MVP “Immigration Q & A Forum” – 7/19/24

by Kellie N. Lego

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.

1) What are the requirements for an E3 Australian Visa? The E3 Australian visa is a specialty occupation nonimmigrant visa that requires: (1) that you are a national of Australia; (2) you have a legitimate offer of employment by a U.S. employer; (3) the position offered is a specialty occupation (requiring at least the attainment of a bachelor’s degree or its equivalent in a specific specialty; and (4) you have the necessary academic or other qualifying credentials to fill the position.

2) What is the process for obtaining an E3 Australian Visa? If you are outside of the United States applying from Australia, you would petition the Consulate directly. You would need proof of the legitimate job offer, a letter of support from the U.S. employer, a certified Labor Condition Application (LCA) from the Department of Labor (DOL), and your academic or other qualifying credential documentation available for review. Once all of these items are gathered, you would proceed with scheduling an E3 nonimmigrant visa appointment by completing Form DS-160 and submitting it to the Department of State (DOS), along with all requested documentation to establish eligibility. You would then appear for your interview at the scheduled date and time. If successful, your E3 visa will be issued and placed in your passport.

July 18, 2024

New Policy Guidance on Noncompliance with EB-5 Regional Center Program

by Kellie N. Lego

On Tuesday, July 16th, the USCIS issued policy guidance on some new provisions in the Immigration and Nationality Act (INA). These provisions cover the consequences for noncompliance with the EB-5 Regional Center program, such as sanctions, terminations, debarments and suspensions!

For further details please review the USCIS News Alert, “New Policy Guidance on Noncompliance with EB-5 Regional Center Program“.

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