Immigration Lawyer Blog

601A Provisional Waiver Process Revised By Executive Order

On November 20, 2014, President Obama signed an Executive Order expanding those qualified to file a 601A provisional waiver for those immigrants already in the United States that entered the US without inspection.  For more details on the 601A provisional waiver and it’s process, please see our webpage.  The benefit of the revised provisional waiver process is to enable the case to be provisionally approved in the United States by USCIS prior to the alien departing the United States to attend the Immigrant Visa interview.  The departure triggers the statutory bar, which would make the alien inadmissible requiring the alien to stay outside the United States for 3 or 10 years depending on the length of unlawful presence in the United States.  Generally the provisional waiver will be accepted by the US Consulate and an Immigrant Visa will be approved, provided there are not any complicating factors.  This is a major improvement from the old process where the immigrant would need to depart the United States and apply for the waiver at the overseas consulate.  If the case was denied, the alien would be outside the United States likely separated from his or her loved ones in the United States.… Continue reading…

Posted in Waiver of Inadmissibility |

New Policies and Objectives for High Skilled Businesses and Workers

The November 20, 2014 Executive Order is intended to impact US high skilled businesses and workers.  While limited on details, the President outlined the below objectives.  USCIS is expected issue several memos that will provide greater detail in achieving the objectives below.   As more details become available, Cipolla Law Group will provide more information.  To see if you will benefit from the below changes, schedule a consultation with one of the immigration lawyers at Cipolla Law Group.

The objectives include:

  • Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status – This should effect many Chinese and Indian foreign nationals with pending (in most cases approved I-140 petitions) in EB2 and EB3 Green Card cases that are in H1B status.
  • Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.  This will also effect many Chinese and Indian immigrants in H1B status that are currently facing 5 to 10 year wait times for their green card applications to be approved.
  • Continue reading…

Posted in Immigration Lawyer Blog |

Overview of November 20, 2014 President Obama Executive Order on Immigration

On November 20, 2014 President Obama issues an executive order that impacts several immigration categories, which will primarily impact millions of undocumented immigrants in the US providing deferred action, otherwise known as DACA as well as the 601A provisional waiver process. The executive order will also benefit immigrants and their spouses in H1B status, L1B status, National Interest Waivers by clarifying adjudication standards as well as making use of all immigrant visas available in categories that are retrogressed. For more details on the Executive Orders, please see the blog posts below that address the specifics of each relevant Executive Order.

In the weeks and months to come, we will provide greater perspective and discuss the details as they become available. We also invite you to schedule a consultation with one of our immigration lawyers to see how the executive orders impact your situation. … Continue reading…

Posted in Immigration Lawyer Blog |

EB5 Direct Investment – Self-Employment and earning a salary

A question often asked by EB5 investors and entrepreneurs is whether they or their family members can draw a salary. An EB5 direct investment requires that 10 full time jobs be created. The question becomes whether the EB5 investor or dependent family members may be counted as the 10 full time jobs. While there is not a rule against an EB5 investor or there dependent family members from being employed by the new commercial enterprise (provided the EB5 investor and/or family members have immigration status in the US granting them employment authorization), employment by the EB5 investor and family members does not count towards the creation of 10 full time jobs. Consequently, whether the EB5 investor draws a salary becomes more of a business and tax question. The important immigration question that most immigration lawyers will focus on is whether the $1M or $500K investment is going towards the creation of 10 US jobs. It’s important that USCIS see that the EB5 investment go towards the new commercial enterprise and job creation.… Continue reading…

Posted in EB5 Investor Program, Immigration Lawyer Blog |

Extension of B Visa Term not much of a game changer

The US Department of State extended it’s typical practice of granting B1 Business Visas and B2 Tourist Visas to the duration of 10 years. This press release provides the details. While this will save many Chinese applicants the hassle and more importantly the risk of being denied a tourist visa, it unfortunately does not solve a problem that many Chinese travelers face when entering the US. A visa gives someone the right to request admission into the United States in a certain status, such as B1 Business traveller or B2 Tourist status. However, Chinese applicants for admission often face a lot of scrutiny from Customs and Border Patrol, especially when the applicant is required to travel to the US for business or pleasure purposes. If a business traveler is deemed to have spent too much time in the US whereby CBP believes the persons has been trying to live in the United States on a B visa, they will be denied entry.… Continue reading…

Posted in B Tourist Visa, Immigration Lawyer Blog |